
Glass ^ I 3li^S%f 



Book. 



School Laws of Iowa 



FROM THE CODE OF 1873. 



AS AMENDED BY THE FIFTEENTH, SIXTEENTH, SEVENTEENTH, EIGHT- 
EENTH, NINETEENTH, TWENTIETH, TWENTY-FIRST, TWENTY- 
SECOND, TWENTY-THIRD AND TWENTY-FOURTH 
GENERAL ASSEMBLIES, 



HOTES AND FOEMS 



THE USE AND GOVERNMENT OE SCHOOL OEFICERS. 



lEIDITTOl^T Or^ 1SS2. 



J. B. KNOEPKLKR, 

SUPERIKTENDF.NT OF PUBLIC INSTRUCTION'. 



V 



\3^^A ^t:>N 



DES MOINES: f J -V ^' 25 

GEO. H. R.'^GSDALE, STATE PWNTER, \ 



1892. V' 



1 — . — i 



RlhEn any school nfflcEr is supErsEdsd by ElEctian or nthErwisE, hs 
shall immEdmtEly dEliuEV to his succEssar in officE, all hooks, papers, 
and monoys pErtaining to his officE, taking a rscEipt thErsfnr; and EVErg 
such officer who shall teIuse to da so, or who shall willfuUg mutilats 
or dEstrog ang such hooks or papors, or ang part thorEof, or shall mis- 
applg ang mnnogs Entrustsd to him bg i/irtuE of his afficE, shall bE 
liahlE to tho provisions of ths gsuEral statutss far ths punishmEnt af 
such offEosE.— SECTION 1731, COIIE, 






PREFACE. 



This edition is prepared and sent out in compliance with section 1579 
of the Code, as amended. The text contains all the enactments now in 
force referring directly to school matters. 

It is the intention of the law that every member of the board shall 
have a copy of the school law for his official use and to transmit to his 
■successor in office. 

A little change has been made in the arrangement of the laws. Enact- 
ments of the general assembly since the Code of 1873, are published in 
close relation to those sections with which they have a logical connection, 
instead of following chronologically as heretofore. It is believed this 
will save confusion, and be a convenience to all having occasion to con- 
sult the school laws. 

The explanatory notes have been carefully revised, and also extended 
in number, so as to include a larger variety of different particulars. 
When it is remembered that these notes must of necessity be greatly 
■condensed in order to make room for so many, the reason for their 
brevity in some cases will be understood. While these opinions reflect 
the gathered experience of many years, it must not be presumed that 
the conclusions stated are to be received as having in any proper sense 
the force of law, except when based upon decisions of courts or opin- 
ions from the attorney -general, which is of tener the case than can well be 
mentioned in connection with each note. 

Reference is frequently made to decisions by our supreme court. The 
Iowa reports may be consulted at the court house in each county seat. 
A mention of School Law Decisions means the decisions in appeal cases, 
of which one copy is supplied to the secretary of every board, in order 
that each district may have the use of a copy at all times. 

To prevent confusion and to promote uniformity it is advisable that 
all former laws be laid aside, and that this edition of 1892 be the only 



4 PREFACE. 

one referred to, as it contains the law by which all school officers should 
now be oroverned. 

We believe a careful study of this volume, so as to become more and 
more familiar with its contents, will prove a great advantage to any one 
whose duty it is to assist in carrying into effect the provisions of the 
school law. 

It is but simple justice to state that the work of arranging and revising 
the notes, and editing both the laws and the decisions, has been almost 
wholly the personal duty of Mr. Ira C Kling. His experience of more than- 
nine years in all as deputy in this office, peculiarly fits him for this duty, 
and his well-known painstaking care is the best guarantee we can offer 
that the work has been thoroughly and conscientiously done. In the 
proof reading he has had the loya. and careful assistance of Miss Kate 
M. Jones, clerk in the office. 

J. B. KNOEPFLER. 
Superinteiident of PiMic Instruction: 

Des Moines, Iowa, July 1, 1892. 



SCHOOL LAWS OF IOWA. 



FROM THE CODE AS AMENDED BY THE FIFTEENTH, SIXTEENTH, 
SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY- 
FIRST, TWENTY-SECOND, TWENTY-THIRD AND TWENTY-FOURTH 
GENERAL ASSEMBLIES. 

SUPERINTENDENT OF PrBLIC INSTRUCTION. 

Section 1577. The superintendent of public instruction shall be 
charged with the general supervision of all the county superintendents 
and all the common schools of the state. He may meet county superin- 
tendents in convention at such points in the state as he may deem most 
suitable for the purpose, and by explanation and discussion endeavor to 
secure a more uniform and efficient administration of the school laws. 
He shall attend teachers' institutes in the several counties of the state as 
far as may be consistent with the discharge of other duties imposed by 
law, and assist by lecture or otherwise in their instruction and manage- 
ment. He shall render a written opinion to any school officer asking it, 
touching the exposition or administration of any school law, and shall 
determine all cases appealed from the decision of county superintendents. 

Sec. 1578. An office shall be provided for him at the seat of govern- 
ment, in which he shall file all papers, reports, and public documents 
transmitted to him by the county superintendents, each year separately, 
and^hold the same in readiness to be exhibited to the governor, or to a 
committee of either house of the general assembly, at any time when 
required; and he shall keep a fair record of all matters pertaining to his 
office. 

Sec. 1579. (As amended by Chap. 150, Laws of 1880, and Chap. 59, 
Laws of 1888.) After the adjournment of the eighteenth general assem- 
bly, and every four years thereafter, if deemed necessary, he may cause 

Section 1577. This department is glad to assist in every way, in securing a 
more uniform and satisfactoiy administration of school affairs. The established 
custom of answering all proper inquiries, whether from school officers or others, 
touching the construction and application of the school laws, will be continued. 

Sec. 1578. All valuable correspondence is tiled for preservation, lettei'press 
copies of our answers being taken for that purpose. It is obvious that a request 
to return the letter of inquiry with our reply, can not be complied with. 



Q SCHOOL LAWS OF IOWA. 

to be printed and bound in cloth the school laws and all amendments 
thereto, with such notes, rulings, forms and decisions as may seem of 
value to aid school officers in the proper discharge of their duties. 
Appropriate reference shall be made to the previous law that has been 
amended or changed, so as clearly to indicate the effect of such amend- 
ments or changes. He shall send to each county superintendent a num- 
ber of copies sufficient to supply each school district in his county with 
one copy of such school laws, with decisions. He shall also cause to be 
printed and bound in paper covers the school laws, with notes and with 
forms necessary to be used in carrying out the school laws; provided, 
that he shall furnish each of the members of the boards of directors with 
one copy of the laws bound in paper covers, which shall be turned over 
to their successors in office. After such sessions of the general assembly 
as the state superintendent shall not deem it necessary to publish the 
laws as provided for in this section, he shall cause to be published in 
pamphlet form all the amendments to the school laws passed by such 
general assembly, in sufficient numbers to supply each of the county 
superintendents and school officers of the state with one copy free of 
charge, which said amendments shall be sent to the several county 
superintendents for distribution. 

Sec. 1580. (Repealed by Chap. 102, Laws of 1878.) 

Sec. 1581. He may, if he deem it expedient, subscribe for a sufficient 
number of copies of the Iowa School Journal, or of such other educa- 
tional journal published in the state as he may select, to furnish each 
county superintendent with one copy, and his certificate of having thus 
subscribed shall be authority for the auditor of state to issue his warrant 
for the amount of said subscriptions; provided he shall cause to be inserted 
in the journal he may so select, a correct copy of any decision he may 
deem it necessary to make for the efficient carrying out of the school 
law. 

Sec. 1582. He shall annually, on the first day of January, report to- 
the auditor of state the number of persons in each county between the 
ages of five and twenty-one years. 

Sec. 1583. (As amended by Chap. 82, Laws of 1888.) He shall 
make to the governor a report which shall embrace, first, a statement 
of the condition of the common schools of the state; the number of 
district townships and subdistricts therein; the number of teachers; 
-the number of schools; the number of school-houses, and the value 
thereof; the number of persons between five and twenty-one years of 
age; the number of scholars in each county that have attended school 
the previous year, as returned by the several county superintendents; 
the number of books in the district libraries; and the value of all appa- 
ratus in the schools, and such other statistical information as he may 



SCHOOL LAWS OF IOWA. 7 

deem important. Second, such plans as he may have matured for the 
more perfect organization and efficiency of common schools. He shall 
cause one thousand copies of his report to be printed, and shall present 
it to the general assembly on the second day of its session. 

Sec. 1584. Whenever reasonable assurance shall be given by the 
county superintendent of any county to the superintendent of public 
instruction, that not less than twenty teachers desire to assemble for the 
purpose of holding a teachers' institute in said county, to remain in 
session not less than six working days, he shall appoint the time and 
place of said meeting and give due notice thereof to the county superin- 
tendent; and for the purpose of defrajdng the expenses of said institute, 
there is hereby appropriated, out of any moneys in the state treasury 
not otherwise appropriated, a sum not exceeding fifty dollars annually 
for one such institute in each county held as aforesaid, which the said 
superintendent shall immediately transmit to the county superintendent 
in whose county the institute shall be held, who shall therewith defray 
the necessary expenses of the institute, and, if any balance remains, he 
shall pay the same into the county treasury, and the same shall be cred- 
ited to the teachers' fund. 

Chaptek 129, Laws of 1876. 

(As amended by Chap. 142, Laws of 1878, and Chap. 64, Laws of 1888.) 

STATE NORMAL AND TRAINING SCHOOL. 

Section 1. A school for the special instruction and training of 
teachers for the common schools of this state is hereby established at 
Cedar Falls, in Black Hawk county. 

Sec. 2. The school shall be under the management and control of a 
board of directors consisting of six members, no two of whom shall be 
from the same county, and the superintendent of public instruction shall 
be ex-officio a member of said board and president thereof. The board 
of directors shall be elected by the general assembly, two for two years, 
two for four j^ears, and two for six years, and the general assembly shall 
elect two members of said board every two years, for the full term of 
six years as the terms of office of the respective classes expire. Their 
term of office shall commence on the first day of June following their 
election. No member of the board shall be a teacher in the school, or 
receive other compensation for his services, than a reimbursement of his 
actual expenses, to be certified to by him and paid out of the state treas- 
ury. Any vacancy occurring in the board shall be filled by the appoint- 
ment of the governor. 

Sec. 3. The board shall convene, at the call of the superintendent of 
public instruction, on or before June 15, 1876, and having each qualifiied, 

Chapter 129. Complete information maybe secured by addressing the presi- 
dent of the school, at Cedar Falls. 



8 SCHOOL LAWS OF IOWA. 

according to law, shall organize by the election of a vice-president from 
their number, and a secretary and a treasurer, who shall be persons not 
members of the board. The secretary shall receive such compensation 
as may be fixed by the board not to exceed the sum of one hundred dol- 
lars and actual traveling expenses. The treasurer shall receive no com- 
pensation but shall receive reimbursement of actual expenditures. 

Sec. 4. The board shall require a bond, in the sum of twenty thousand 
dollars, of the treasurer with proper and sufficient sureties, conditional for 
the safe-keeping of funds coming into his hands. He shall receive and 
disburse all moneys hereby appropriated, and any other funds as the 
board may provide. The board may require of any oflicer or employe, 
who may be authorized to receive or pay out money, a like bond. 

Sec, 5. It shall be the duty of the board, in every necessary manner 
with the means at their disposal, to provide for and carry out the object 
for which the school is established. For that purpose they shall employ 
competent and suitable teachers and other employes. They shall direct, 
use, and control all the property of the state coming into their hands for 
that purpose. They shall control and direct the expenditures of all 
moneys. They shall make all necessary rules for the management of 
the school and the government thereof, and shall provide for the admis- 
sion of pupils from the several counties of the state in proportion to 
their respective population, and upon the appointment of respective 
boards of supervisors, oi' as the board may direct. They shall establish 
and publish uniform rules for the admission of pupils thereto, and such 
rules shall provide for equal rights in said school, to all the teachers in the 
state, but the}^ shall require in all cases satisfactory evidence of the good 
character of the pupil. They shall also further require all pupils upon 
their admission to the school, to sign a statement of their intention in 
good faith to follow the business of teaching in the schools of the state. 
It shall also be the duty of the board to make all possible and necessary 
arrangements with the means at their disposal, for the boarding and 
lodging of pupils, but the pupils shall pay the cost of the same. They 
shall require each pupil to pay a fee for contingent expenses amounting 
to not more than one dollar per month. The school shall be open during 
such part of the year as the board shall determine but the session shall 
continue at least twenty-six weeks. The board of directors may in their 
discretion charge the pupils with a tuition fee not exceeding six dollars 
per term, if such charge shall be necessary in order to the proper sup- 
port of the school, as provided by law. 

Sec. 9. The said board shall make, at the end of each school year, 
to the governor a detailed report of their proceedings during the year. 
Their report shall also contain the number of teachers employed in the 



SCHOOL LAWS OF IOWA. 9 

school, with the compensation of each; the number of pupils, classified; 
the amount of receipts and expenditures, and the items thereof, with 
such other information and recommendations as they ma}^ deem expe- 
<iient, which report shall be embodied in the superintendent's report to 
the E^eneral assembly. 

STATE UNIVERSITY. 

Section 1585. The objects of the state university, established by the 
constitution, at Jowa City, shall be to provide the best and most efficient 
means of imparting to young men and women on equal terms, a liberal 
education and thorough knowledge of the different branches of literature, 
the arts and sciences, with their varied applications. The university, so 
far as practicable, shall begin the courses of study in its collegiate and 
and scientific departments, at the points where the same are completed 
in high schools; and no student shall be admitted who has not previously 
completed the elementary studies, in such branches as are taught in the 
common schools throughout the state. 

Sec. 1586. The university shall never be under the exclusive control of 
any religious denomination whatever. 

Sec. 1587. (As amended by Chap. 147, Laws of 1876, and Chap. 181, 
Laws of 1886.) The university shall be governed by a board of regents, 
<;onsisting of the governor of the state, who shall be president of the 
board by virtue of his office, the superintendent of public instruction, who 
shall be a member by virtue of his office, together with one person from 
-each congressional district of the state, who shall be elected by the general 
assembly. 

-X- * ;f: H^ -;?• * -X- * 

Sec. 1589. The university shall include a collegiate, scientific, normal, 
law, and such other departments, with such courses of instruction and 
elective studies as the board of regents may determine; and the board 
shall have authority to confer such degrees, and grant such diplomas and 
other marks of distinction as are usually conferred and granted by other 
universities. 

•X- * * -A- ^ -K- * «• 

Sec. 1596. The board of regents shall enact laws for the government 
of the university, and shall appoint a president and the requisite number 
of professors and tutors, together with such other officers as they may 
■deem expedient, and shall determine the salaries of such officers, the 
compensation of the secretary and treasurer, and the amount of fees to 
be paid for tuition. They shall remove any officer connected with the 
universit}^, when, in their judgment, the good of the institution re- 
quires it. 



10 SCHOOL LAWS OF IOWA. 

Sec. 1597. The board of regents is authorized to expend such portion 
of the income of the university fund as it may deem expedient, in the 
purchase of apparatus, library, and a cabinet of natural history, in pro- 
viding suitable means to keep and preserve the same, and in procuring 
all other necessary facilities for giving instruction. 

Sec. 1598. All specimens of natural history and geological and min- 
eralogical specimens, which are or hereafter may be collected by the 
state geologist of Iowa, or by any others appointed by the state to inves- 
tigate its natural history and physical resources, shall belong to and be 
the property of the state university, and shall form a part of its cabinet 
of natural history, which shall be under the charge of the professor of 
that department. 

* * * * * * * >;< 

Sec. 1600. The president of the university shall make a report on the 
fifteenth day of September preceding the meeting of the general assem- 
bly, to the board of regents, which shall exhibit the condition and prog- 
ress of the institution in its several departments, the different courses 
of study pursued therein, the branches taught, the means and methods of 
instruction adopted, the number of students, with their names, classes^ 
and residences, and such other matters as he may deem proper to com- 
municate. 

Sec. 1601. (As amended by Chap. 82, Laws of 1888.) The board of 
regents shall, on the first, day of October preceding each regular meet- 
ing of the general assembly, make a report to the superintendent of 
public instruction, which report, with that of the president of the 
university, shall be embodied in the said superintendent's report to the 
governor. The report of the board of regents shall contain the number 
of professors, tutors, and other officers, with the compensation of each, 
the condition of the university fund, and the income received therefrom, 
the amount of expenditures, and the items thereof, with such other 
information and recommendations as they may deem expedient to lay 
before the general assembly. 

STATE AGEICULTUEAL COLLEGE AND FARM. 

Section 1604. (As amended by Chap. 76, Laws of 1884.) The lands^ 
rights, powers, and privileges granted to and conferred upon the state of 
Iowa by the act of congress entititled, "An act donating public lands to 
the several states and territories which may provide colleges for the ben- 
efit of agriculture and the mechanic arts," approved July 2, 1862, are 
hereby accepted by the state of Iowa, upon the terms, conditions and 
restrictions contained in said act, and there is hereby established an agri- 
cultural college and model farm, to be connected with the entire agricul- 

Sec. 1000. Full information can be secured by addressing the president, at 
Iowa City, mentioning the particular department regarding which information is 
desired . 



SCHOOL LA.WS OF IOWA. H 

tural and mechanical interests of the state; the said college and farm to- 
be under the control and management of a board of trustees, consisting 
of one person from each congressional district of the state. But the 
present board of trustees shall continue as members of the board of trus- 
tees from their several congressional districts until their terms of office 

expire. 

********* 

Sec. 1606. The board of trustees shall have power: 1. To elect a 
chairman from their own number, a president of the college and farm, a 
secretary, a treasurer, professors and otlier teachers, superintendents of 
departments, a steward, a librarian, and such other ofiicers as may be 
required for the transaction of the business of the board; also to fix the 
salaries of officers and prescribe their duties; and to appoint substitutes 
who shall discharge the duties of such officers during their temporary 
absence; 

2» To manage and control all the property of the college and farm^ 
whether real or personal; 

3. To make rules and regulations for the government of the college- 
and farm; 

4. (As amended by Chap. 119, Laws of 1876.) To establish rules 
regulating the number of hours which shall be devoted to manual labor, 
and to fix the compensation therefor; provided no student shall be exempt 
from labor except in cases of sickness or other infirmity, or where 
students from the advanced classes may be employed as teachers; 

5. To arrange courses of study and practice, and to establish suck 
professorships as they may deem best to carry into effect the provisions 
of this chapter; also to prescribe conditions of admission to the college;, 

6. To grant diplomas, on the recommendation of the faculty, to any 
student who has completed either of the industrial courses prescribed by 
said board, or an equivalent thereof; 

7. To remove any officer by a majority vote of all the members of the 
board of trustees; 

8. To direct the expenditure of all appropriations which the general 
assembly shall from time to time make to said college and farm, and the 
income arising from the congressional grant, and from all other sources;. 

9. To keep a full and complete record of their proceedings, and to do 
such other acts as are found necessary to carry out the intent and mean- 
ing of this chapter. 

********* 

Sec. 1610. (As amended by Chap. 159, Laws of 1876.) The college 
year shall begin on Thursday after the second Wednesday in November 
of each year, and end on the second Wednesday of November of the 
following year. The biennial report of the board of trustees shall be- 
filed in the office of the governor, not later than the first day of Decem- 
ber preceding the regular meeting of the general assembly. 



112 SCHOOL LAWS OF IOWA. 

Sec. 1611. The president of the college and farm shall control, man- 
age and direct the affairs of the college and farm herein established, sub- 
ject to such rules as may be prescribed by the board of trustees, and 
shall report to said board at their annual meeting in November, and at 
such other times as they shall direct, all his acts as such president, and 
the condition of the several departments of the college and farm, together 
with his recommendations for the future management thereof. 

a * * -;;- **■?;-** 

Sec. 1619. Tuition in the college herein established shall be forever 
iree to pupils from this state over sixteen years of age, who have been 
i-esidents of the state six months previous to their admission. Each 
county in this state shall have a prior right to tuition for three scholars 
from such county, the remainder equal to the capacity of the college 
shall be by the trustees distributed among the counties in proportion to 
the population, subject to the above rule. Transient scholars otherwise 
qualified may at all times receive tuition. 

Sec. 1620. No person shall open, maintain or conduct any shop or 
other place for the sale of wine, beer or spirituous liquors, or sell the 
same at any place within a distance of three miles from the agricultural 
•college and farm; provided that the same may be sold for sacramental, 
mechanical, medical or culinary purposes; and any person violating the 
provisions of this section shall be punished, on conviction by any court 
of competent jurisdiction, by a fine not exceeding fifty dollars for each 
-offense, or by imprisonment in the county jail for a term not exceeding 
thirty days, or by both such fine and imprisonment. 

Sec. 1621. (As amended by Chapter 27, Laws of 1881.) There shall 
be. adopted and taught at the state agricultural college abroad, libera^ 
and practical course of study in which the leading branches of learning 
shall relate to agriculture and the mechanic arts, and which shall also 
embrace such other branches of learning as will most practically and 
liberally educate the agricultural and industrial classes in the several pur- 
suits and professions of life, including military tactics. 

county high schools. 

Section 1697. Each county having a population of two thousand 
inhabitants or over, as shown by the last state or federal census, may 
establish a high school on the conditions and in the manner hereinafter 
prescribed, for the purpose of affording better educational facilities for 
pupils more advanced than those attending district schools, and for per- 
sons desiring to fit themselves for the vocation of teaching. 

Sec. 1698. When one-third of the electors of a county, as shown by 
-the returns of the last preceding election, shall petition the board of 
-supervisors requesting that a county high school be established in their 

Sec. 1621. For catalogue and other information, address the president, at Ames. 



SCHOOL LAWS OF IOWA. IS 

county at the place in said petition named, then, or when said board in 
its discretion shall deem proper, said board shall give twenty days" 
notice previous to the next general election, or previous to a special elec- 
tion duly called for that purpose, that they will submit the question to- 
the electors of said county whether such high school shall be established: 
at which election said electors shall vote by ballot, for or against estab- 
lishing such county high school. The notice contemplated in this section 
shall be given through one or more newspapers published in said county, 
if any be published therein, and by at least one written or printed notice 
to be posted in each township. 

Sec 1699. After said election, the ballots on said question shall be 
canvassed in the same manner as in the election for county officers; and 
if a majority of all the votes cast on said question shall be in favor of 
establishing said school, the board of supervisors shall immediately pro- 
ceed to appoint six persons, who shall be residents of the county, but not 
more than two of whom shall be residents of the same township, who- 
shall, with the county superintendent of common schools, constitute a 
board of trustees for said high school. Each of said trustees appointed 
as aforesaid shall hold his office until his successor is elected and quali- 
fied, and shall be required, within ten days after appointment, to qualify- 
by taking the oath of office, and giving such bond as maybe required by 
the said board of supervisors for the faithful discharge of his duties. 

Sec. 1700. At the next general election after said appointment, there' 
shall be elected in said count}^ six high school trustees, who shall be 
divided into three classes of two each; each class to hold their office one, 
two, and three years, respectively, and their respective terms to be 
decided by lot. And each year thereafter there shall be two such 
trustees elected to succeed those whose term is about to expire. And 
said trustees shall qualify and enter upon the duties of their office 
in the same manner and at the same time as other county officers. 

Sec. 1701. The county superintendent shall, by virtue of his office, 
be president of said board of trustees, and at the first meeting in each 
year they shall appoint from their own number a secretary and treasurer, 
who shall perform the usual duties devolving upon such officers for the 
term of one year, or until their successors are appointed to take their 
places. 

Sec. 1702. At said meeting, or at some succeeding meeting called 
for such purpose, said trustees shall make an estimate of the amount of 
funds needed for building purposes, for payment of teachers' wages, and 
for contingent expenses, and they shall present to the board of supervis- 
ors a certified estimate of the rate of tax required to raise the amount 
desired for such purposes. But in no case shall the tax for such purposes 
exceed in one year the amount of five mills on the dollar on the taxable 



14 SCHOOL LAWS Oi IOWA. 

■property of the county, and, when the tax is levied for the payment of 
teachers' wa_^es and contin,o;ent expenses only, shall not exceed two mills 
■on the dollar. 

Sec. 1703. The said tax shall be levied and collected in the same 

■manner as other county taxes, and when collected the county treasurer 

shall pay the same to the treasurer of the county high school, in the same 

manner that school funds are paid to the district treasurers as required 

ihy law. * 

Sec. 1704. The said treasurer of the high school shall give such 
additional bond as the board of trustees may deem sufficient, and receive 
all moneys from the county treasurer, and from other parties, that belong 
to the funds of said school, and pay the same out only by direction of 
the board of trustees, upon orders duly executed by the president, coun- 
tersigned by the secretary thereof, stating the purpose for which they 
were drawn. Both the secretary and treasurer shall keep an accurate 
account of all moneys received and expended for said school; and at the 
■close of each year, and as much oftener as required by the board, they 
shall make a full statement of the financial affairs of the school. 

Sec. 1705. The said board of trustees shall proceed as soon as prac- 
ticable after their appointment as aforesaid, to select the best site, in 
accordance with the vote of the county, that can be obtained without 
■expense to the same, and the title thereof shall be vested in said county. 
They shall then proceed to make such purchases of material, and to let 
such contracts for their necessary school buildings, as they may deem 
proper, but shall jiot make any purchase or contract in any year to exceed 
the amount on hand, and to be raised by the levy of tax that year. 

Sec. 1706. When said board of trustees shall have furnished a suit- 
.-able building for the school, they shall employ some competent teacher 
to take charge of the same, and furnish such assistant teachers as thej-^ 
deem necessary, and provide for the payment of their salaries. As far 
as practicable model schools shall be encouraged; and advanced students, 
.and those preparing to become teachers, ma}' be employed a portion of 
their time in teaching the younger pupils, in order that they may become 
familiar with the practice as well as theory of successful school teaching, 
and also avoid, as far as practicable, the expense of employing other 
assistant teachers. 

Sec. 1707. Tuition shall be free to all pupils of such school residing 
'in the county where the same is located. The board of trustees, however, 
shall make such general rules and regulations as they deem proper in 
regard to age and grade of attainments essential to entitle pupils to 
admission in the school. If there should be more applicants than can be 
accommodated at any time, each district shall be entitled to send its equal 
proportion of pupils, according to the number of pupils it may have, as 



SCHOOL LAWS OF IOWA. 15 

«hown by the last report to the county superintendent of common schools. 
And the boards of the respective school districts shall designate such 
pupils as may attend. 

Sec. ITOS. If, at any time, the school can accommodate more pupils 
than apply for admission from that county, the vacancies may be filled 
by applicants from other counties^ upon the payment of such tuition as 
the board of trustees may prescribe; but at no time shall such pupils 
-continue in said school to the exclusion of pupils belongino; in the county 
in which such high school is situated. 

Sec. 1709. The principal of any such high school, with the approval 
•of the board of trustees, shall make such rules and regulations as he 
deems proper in regard to the studies, conduct and government of the 
pupils under his charge, and if any such pupils will not conform to and 
obey the rules of the school they may be suspended or expelled there- 
from by the board of trustees. 

Sec 1710. The said board of trustees shall annually make a report 
to the board of supervisors of their county, which shall specify the num- 
ber of students, both male and female, who have been in attendance at 
the county high school during the year, the branches of learning taught, 
the text-books used, the number of teachers employed, the amount of 
salary paid to them, the amount expended for library and apparatus, 
and for buildings and all other expenses; also, the amount of funds on 
hand, debts unpaid, and other information deemed important or expedi- 
-ent to report. Said report shall be printed in at least one newspaper in 
the county, if any is published therein, and a copy of the report shall be 
forwarded to the state superintendent of public instruction. 

Sec 1711. The board of supervisors shall have power to fill any 
vacancy that may occur in the board of trustees of that county, by 
appointment, until the next general election, and a majority of such 
board of trustees shall be a quorum for the transaction of business. 

Sec 1712. The board of supervisors may allow each member of the 
board of trustees the sum of two dollars per day for the time actually 
-employed in the discharge of his oflicial duties, and when such accounts 
are presented for payment they shall be audited and paid out of the 
€Ounty treasury, in the same manner as other accounts against the county, 
and said trustees shall not be entitled to any further remuneration for 
services or expenses. 



1(5 SCHOOL LAWS OF IOWA. 

SCHOOL DISTRICTS. 

Section 1713. Each civil township now or hereafter oro-anized, and 
each independent school district organized as such prior to the taking- 
effect of this code, is hereby declared a school district for all the purposes 
of this chapter, subject to the provisions hereinafter made. 

Sec 1714. When an org-anized district has been left without officers,, 
the township trustees shall give such notice for a special election of 
directors as is required in cases of regular district elections; and the per- 
sons elected shall continue in office until their successors are duly elected 
and qualified. 

Sec. 1713. The design of the law is that civil and district township boundaries 
shall coincide. 41 Iowa, 30. When new civil townships are formed, the corre- 
sponding changes in district township boundaries take effect at the next subdistrict 
election. Sections 1715 and 1796. 

Sec. 1714. 1. In case the board is reduced below a quorum, by resignation or 
otherwise, the township trustees call a special election to till the vacancies. 

2. In independent districts live notices shall be posted, as provided in sections 
1743 and 1801; in district townships three notices are required in each subdistrict, 
as provided in section 1718. Note [b) to form 2. 

3. The ballots in this election, in independent districts and in subdistricts of 
less than three in a district township, should indicate in whose place the person 
Toted for shall serve. 

Sec. 1715. 1. New district townships are not organized until the first Monday 
in March after the election of officers of the civil townships. 

2. The boundaries of subdistricts lying wholly within the old or new districts, 
are not affected by the division of civil townships. 

3. When subdistricts are divided by changes in civil township boundaries, the 
boards should incorporate the several parts with 6ther subdistricts, or otherwise 
provide for such territory, so that all electors may vote at the following subdistrict 
election. In the absence of such action the territory properly belongs to the 
subdistrict which it adjoins, and the electors are entitled to vote therein. 

4. Five days before the time for the regular subdistrict election, notices should 
be posted in three public places in each subdistrict, in both the old and new town- 
ships, by the resident subdirector; where there is no subdirector, by the secretary. 
Form 2, and notes. 

5. Assets include school-houses, sites, and all other pi'operty and moneys belong- 
ing to the district. Liabilities include all debts for which the district in its corporate 
capacity is liable. In determining the assets, school property should be estimated 
at its present cash value. Note 3 to section 1820. 

6. It is presumed that the teachers' fund and contingent fund have been ex- 
pended equitably. The division of assets will therefore relate to the school-house 
and other property, moneys in all funds on hand, and taxes uncollected. 

7. Each fund should be divided in proportion to the last assessed value of the 
property, real and personal. Any portion of the teachers' fund, however, derived 
from the semi-annual apportionment, should be divided in proportion to the num- 
ber of persons between the ages of five and twenty-one years, according to the last 
enumeration. 



SCHOOL LAWS OF IOWA. 17 

Sec. 1715. When cliaao^es in civil township boundaries are made, or 
any district shall be divided into two or more entire townships for civil 
purposes, the existing- board of directors shall continue to act for both or 
all the new districts, or parts of districts, until the next regular district 
election thereafter, at which time the new district township shall organize 
by the election of directors. The respective boards of directors shall, 
immediately after such organization, make an equitable division of the 
then existing assets and liabilities between the old and new districts; and 
in case of a failure to agree, the matter may be decided by arbitrators, 
chosen by the parties in interest. A similar division shall be made in 
case of the formation or changes of boundaries of independent districts. 

Sec. 1716. Eveiy school district which is now, or may hereafter be 
organized, is hereby made a body corporate by the name of the "dis- 
trict township," or "independent district" (as the case may be), of 

, in the county of , 

and in that name may hold property, become a party to suits and con- 
tracts, and do other corporate acts. 

DISTRICT TOWNSHIP MEETING. 

Section 1717. (As amended by Chap. 51, Laws of 1882.) Each dis- 
trict township shall hold an annual meeting on the second Monday in 

8. School-houses will usually become the property of the district in which they 
are situated. If their value exceeds the amount justlj^ due that district, and there 
is not suiFicieut school-house fund on hand to equalize the division, the boards 
should fix the amount each district should receive or pay. 

9. An equitable ari'angement mutually satisfactory to the parties in intei'est 
will be in accordance with the intent of the law. Any agreement should be re- 
duced to writing, and entered in the records of each district. 

10. The districts, after the division, which do not receive their just proportion 
of school-house propert}', have a claim against those that do obtain more than 
their due share. The last named are indebted to the first in the difference. 36 
Iowa, 216. 

11. A simple and just method to dispose of unpaid and delinquent taxes, also 
of all funds in the hands of the county treasurer, is to direct the payment of these 
funds in such manner that taxes derived from any part of the territory shall be 
paid to the district to which such territorj'^ will then belong. 

12. If money is received which belongs to another, the rule is a general one 
that the law implies a promise on the part of the receiver to pay it over. Based 
upon this promise an action may be maintained for its recovery. 11 Iowa, 506. 

Sec. 1716. 1. In suits, contracts and conveyances, the corporate name should 
be strictly observed. 

2. At their annual meeting, the electors of any independent district may vote 
by ballot to change the name of the district, and the board will be guided by this 
expression of the electors. 

3. A subdistrict is not a corporation, and hence can neither hold property nor 
perform any corporate act. Note 4 to section 1735. S. L. Decisions, 40. 

Sec. 1717. 1. District townships are authorized to hold only one meeting in 
each yeai*, except as provided by section 1717-|-. 



18 SCHOOL LAWS OF 10 WA. 

March, and the electors of the district, when leo^ally assembled at such 
meetin*;, shall have the following powers: 

1. To appoint a chairman and secretary in the absence of the regular 
-officers ; 

2. To direct the sale or other disposition to be made of any school- 
liouse, or the site thereof, and of such other property, personal and real, 
as may belong to the district; to direct the manner in which the proceeds 
arising therefrom shall be applied; to determine what additional branches 
shall be taught in the schools of the district; or to delegate any of these 
powers to the board of directors; and to authorize the board of directors 
to obtain at the expense of the district township, such highways as such 
board may deem necessary for proper access to the school-house in their 
districts; 

3. The meeting cannot be adjourned to another day, and must be held at the 
time and in the manner directed by the law. Section 1789. 

3. Ten days' previous notice of this meeting should be given by the district 
township secretary, but as the law fixes the day of the meeting of the electors of 
the district township, and also of the subdistrict, a failure to give full notice, or aay 
notice at all, though a violation of law, will not invalidate the proceedings of the 
meeting, if one is held at the usual time and place. 10 Iowa, 213. 

4. The president and secretary are the regular officers of this meeting, and 
should act as such if present. Sections 1739 and 1741. 

5. The electors have only such powers as are conferred by the statute, either 
expressly or by reasonable implication. 

6. School-houses cannot be sold without a previous vote of the electors, but 
their action in voting a tax for the erection of a new school-house on the old site 
gives the board authority to remove or dispose of the old house. 

7. The electors have no authority to instruct the board to loan monej^ belong- 
ing to the disti'ict, nor to order money invested in government bonds. 

8. If the electors direct that any additional branches shall be taught in one or 
all of the schools in the district township, their action is mandatory, and the board 
is bound to endeavor in good faith to fulfill the wishes of the electors. 

9. The electors may not limit or restrict the board to the adoption of a course 
of study including only such branches as the electors may name. Nor may the 
electors direct that a particular branch, or certain studies, shall not be taught. It 
is the pi'ovince of the board to decide what, branches besides those in a teacher's 
examination and those named by the electors, shall be included in the course of 
study and taught in the schools of the district. 

10. All school-house taxes must be voted by the electors of the district town- 
ship, or of the subdistrict, this power cannot be delegated to the boai'd. 

11. The specific sum of money deemed necessary, and not a certain number of 
mills on the dollar, should be voted, except when a district lies in two counties- 
Chap. 07, Laws of 1874. The per centum necessary to raise this sum is determined 
by the boai'd of supervisors. Sections 1777 and 1780. 

12. The electors may not vote, nor the board appropriate, money to purchase 
text-books for the use of scholars or teachers. 

13. Money may be paid for the purchase of a district library only when it has 
beeu voted for that purpose by the electors. 



SCHOOL LAWS OF IOWA. 19 

3. To vote such tax, not exceeding ten mills on the dollar in any one 
year, on the taxable property of the district township, as the meeting 
shall deem sufficient for the purchase of grounds and the construction of 
the necessary school-houses, for the use of the district, and for the pay- 
ment of any debts contracted for the erection of school-houses, and for 
procuring district libraries, and for obtaining highways for access to 
school-houses; 

4. To instruct the board of directors to transfer auy surplus in the 
school-house fund, not appropriated, to either the contingent or teachers' 
fund. 

Sec. I'TlTi. (Chap. 84, Laws of 1880.) When a school district, 
by fire or otherwise, has been deprived of a school building, and the 
board of directors of such district by use of the powers in them vested, 
are unable to provide for the continuance of the school therein; then 
such board of directors shall call a meeting of such district. 

The manner of calling such meeting, and the powers of such meeting, 
shall be as follows: 

1. The board of directors shall cause to be posted in three public 
places in such district, at least ten days prior to the designated time of 
holding such meeting, written notices of such meeting, in which shall be 
stated the time and place of such meeting, and the object or purpose for 
which the same is called. 

2. The powers of such meeting shall be the same as is prescribed in 
section 1717 hereof, except- those powers which are set forth in paragraph 
2, after the word "applied " in the fourth line thereof, and in paragraph 3, 
after the word "district" in the fifth line thereof. 

SUBDISTRICT MEETING. 

Section 1718. The several subdistricts shall, annually, on the first 
Monday in March, hold a meetinof for the election of a subdirector, five 

14. The only change of money from one fund to another possible under the law 
is the transfer of school-house funds to either of the other funds, by vote of the 
■electors. Note 7 to section 1748 and note 2 to section 1785. 

15. The vote of the electors upon any of the questions mentioned in this sec- 
tion, may be taken by ballot, or viva voce, as the meeting shall direct. But pains 
should be taken to have the more important matters presented to the meeting 
when the attendance is largest. Note 1 to section 1807. 

16. As regards many of the matters over which they have control, the electors 
should act each year, if it is desired to make their action continuous. 

17. Failing to carry out instructions from this meeting, the board may be com- 
pelled by mandamus to show reason why the vote of the electors has not been 
•complied with. S. L. Decisions, 55. 

Sec. 1718. 1. No district township or subdistrict meeting shall organize earliei" 
that 9 a. m., nor adjourn before 12 m. Section 1789. 

3. The meeting should not be called later than 6 p. m. The law contemplates 
.at least three hours for the election. 37 Iowa, 131. Note 3 to section 1789. 



20 SCHOOL LAWS OF IOWA. 

days' notice of which meeting shall be given by the then resident sub- 
director, or, if there is none, by the district secretary, posting a written 
notice in three public places therein, and such notice shall state the hour 
of meeting. 

Sec, 1719. (As amended by Chap, T, Laws of 1880.) At the meet- 
ing of the subdistrict a chairman and secretary shall be appointed, who 
shall act as judges of the election, and give a certificate of election to the 
subdirector elect. When there is a tie vote between two persons 
for the office of subdirector, the secretary shall notify the secretary of 
the district township board of such tie vote, and shall notify said persons 
to appear at the regular meeting of the board on the third Monday in 
March to determine the tie vote by lot before one or more members of 

3. Any election by the people must be held on the day designated, and officers 
must be elected by a single ballot. 

4. The practice of taking an informal ballot for the purpose of placing persons 
in nomination for subdirector is not to be commended. Such nominations should 
be made outside the meeting, or at least before the meeting is organized. 

5. If subdistrict boundaries are in controversy by way of appeal, the electioii. 
for subdirectors should be made on the basis of the status of the subdistricts on 
the day of election. Note 4 to section 1830. 

Sec. 1719. 1. The chairman and secretary are not required to qualify. 

2. The election must be by ballot. Constitution, article 3, section 6. 

3. The chairman is entitled to his vote as much as any other elector. 

4. No minor, nonresident nor alien can take part in a meeting of electors. 
To be entitled to the right of suffrage a person must be a male citizen of the 
United States, twenty-one years of age, a resident of the state six months next- 
preceding the election, and of the county sixty days. Constitution, article 2; 
section 1. 69 Iowa, 368 and 75 Iowa, 220. 

~>. No person shall be deemed ineligible, by reason of sex, to any school office. 

6. A man about to assume any school office must have the qatalifications of ai> 
elector, at the time of his election or appointment. 

7. The selection of a subdirector should be a matter of great care. He may 
receive no compensation from the district, and should therefore be a person whose 
interest will lead him to be a frequent visitor of the school, and who will see that 
the school-house is provided with all that will add tO' the comfort of the teacher 
and scholars and promote the highest welfare of the school. 

8. The person receiving the greatest number of votes is elected, even though 
he has not received a majority of all the votes cast. 

9. This section clearly provides how a tie vote shall; be decided. And if more 
than two persons have each ]an equal number of votes,, the same provisions will 
apply. 

10. The electors of a subdistrict may, at their regular meeting in March, detei"- 
mine what amount is required for the erection of a school-house in said subdistrict. 
A sum in the aggregate l may -be voted, and the su.bdirector must certify the same 
to the next district township meeting held thereafter. Section 1778. Form 5. 

11. If the electors of the subdistrict do not wish to have a tax to build their 
house levied upon themselves, they should simply prefer a request for a sufficient 
amount to build a school-housC' in their subdistrict,. not naming any fixed sum. 
Note (c) to form 3. 



SCHOOL LAWS OF IOWA. 21 

the board elected, and the certificate of election shall be _o-iven accordingly. 
Should either party fail to appear, or take part in the lot, the secretary 
shall draw for him. 

Sec. 1720. In all district townships comprising but one subdistrict 
the board of directors shall consist of three subdirectors; and in all dis- 
trict townships comprising but two subdistricts it shall consist of one sub- 
director chosen from each subdistrict and one from the district township 
at large, who shall in both cases be elected in the manner provided by 
law for the election of one subdirector from each subdistrict. The judges 
of the respective subdistrict elections shall canvass the votes for subdi- 
rector chosen from the district township at large, and shall issue a cer- 
tificate of election to the person elected. 

BOARD OF DIRECTOES. 

'Section 1721. (As amended by Chap. 27, Laws of 1871.) The sub- 
directors of the several subdistricts shall constitute a board of directors 
for the district township, and shall enter upon their duties upon the day 
fixed for the regular meeting of the board in March, at which time they 
shall organize by electing from their own number a president, who shall 
simply be entitled to a vote as a member of the board; and from the 

Sec. 1720. 1. The board of a district township can not consist of less than 
three members. If there ai'e two subdistricts, the subdirector from the township 
at large should be voted for at both meetings, and to avoid confusion, tickets 
should specify; For subdirector, A. B.; For subdirector at large, C. D. 

2. The failure or refusal of the proper ofHcers to issue a certificate to a person 
■duly elected, cannot operate to deprive such person of his rights. The certificate 
or commission is the best, but not the only evidence of an election, and if that be 
refused secondary evidence is admissible. McCrary on Elections, section 171. S. 
L. Decisions, 35. 

Sec. 1721. 1. The right or title to hold office cannot be determined by an 
appeal to the county superintendent. The proper remedy for any person 
aggrieved by the action of the board relating thereto is a petition to the district 
'Court, under sections 3345-3352, Code. S. L. Decisions, 35 and 67. 

2. There can be no doubt that school officers should not express an official 
opinion upon mattei's entirely outside of their jurisdiction. Upon these subjects 
it is therefore useless to expect county superintendents, or this department, to 
give any other than general information, such as is presumably already within 
the knowledge of those applying. 

3. Directors continue in office only during the term for which they were elected, 
or if apppointed, only until the next school election. Note 1 to section 1808. 

4. It is quite customary for the outgoing board to meet on the third Monday 
in March and complete all its work, and for the new board to organize immedi- 
ately thereafter. The legality or propx'iety of such action has never be questioned. 

5. A member or officer of the board must have the qualifications of an elector, 
if a male; but no person is ineligible to any school office, by reason of sex. 

6. A president whose term as director has expired may take no further part in 
the board, even though a new president has not been chosen. 



22 SCHOOL LAWS OF IOWA. 

district township at laro;e, at their regfular meetine; on the third Monday 
of September in each year, a secretary and a treasurer, unless there are 
at least five subdirectors in the district township, in which case they may 
be selected from the board; and said secretary and treasurer thus elected 
shall qualify and enter upon the duties of their respective offices within 
ten days followino; the date of their election. If selected from the dis- 
trict township at large they shall have no vote in the proceedings of the 
board. 

Sec. 1722. (As amended by Chap. 176, Laws of 18^"0.) The board of 
directors shall hold their regular meetings on the third Monday in March 
and September of each year; and may hold such special meetings as- 
occasion may require, at the call of the president, or by request of a 
majority of the board; provided that the board of directors of a district 
township may hold their meetings at any place within the civil or dis- 
trict township in which such district township is situated. 

7. If the boai'd fails to elect a president, a secretary, or a treasurer, upon the- 
day fixed by law or at a meeting adjourned from that day to a day certain, then- 
the incumbent may qualify anew and hold the office for another year. But in 
order that a president may thus hold over, his term as a member of the boarc^ 
must also continue. Note 6 to section 1802. 

8. No person may hold two offices of the board at the same time. 

9. The secretary and the treasurer have ten days in which to qualify. 

10. A person cannot remain an officer or member of the board and reside io 
another district, even though in the same civil township. 

11. All the officers of the board, in addition to the oath which they maj' have 
taken as members, must take the oath of office as prescribed by section 5, article 
11, of the constitution. 

13. When the treasurer is chosen from the board, his ceasing to be a member of 
the board in March does not terminate his relation as treasurer of the districts 
until September following. 

13. If the treasurer continues in office by reason of failure to elect a successor,, 
his bond should be renewed and he should produce and account for the funds in 
his hands, and the statement of such settlement should be indorsed on his new 
bond. Note 7 to section 1747. 

Sec. 1722. 1. Section 1738 provides that a majority of the board shall consti- 
tute a quorum. 

2. Special meetings should be convened by a written call, signed either by the- 
president or a majority of the members, and each member should be duly notified 
of the purpose of the meeting, as far as known. 

3. Any duty imposed upon the board as a body must be performed at a regular 
or special meeting, and made a matter of record. 47 Iowa, 11. 

4. The consent of the board to any particular measure, obtained of individual 
members when not in session, is not the act of the board, and is not binding upoa 
the district. 67 Iowa, 164. 

5. This section authorizes the board of a district township to hold meetings m 
an independent district within the same civil township. 



SCHOOL LA.WS OF IOWA. 23 

Sec. 1723. They shall make all contracts, purchases, payments, and 
sales necessary to, carry out any vote of the district, but before erecting 
any school-house they shall consult with the county superintendent as to 
the most approved plan of such building. And all school-houses erected 
or repaired at a cost exceeding three hundred dollars, shall be so erected 
or repaired by contract, and no such contract for labor or materials 
shall be let until proposals for the same shall have^ been invited by 
advertisement for four weeks in some newspaper published in the county 
where the work is to be done, if there be one published therein, if not, 
in the nearest newspaper in an adjoining county; and such contract shall 
be let to the lowest responsible bidder, and bonds with sufficient sureties 
for the faithful performance of the contract shall be required. 

Sec. 1723. 1. It is the duty of the board to make contracts for the erection of 
school-houses, when the means have been provided by the electors. Foi'ms 6, 7 
and 8. 

2. The board may anticipate the levy and collection of school-house taxes 
already voted, and issue orders to build as directed by the electors. 51 Iowa, 102. 

3. No member has authority to make a contract in behalf of the district, except 
under specific instructions of the board. 

4. If a subdirector is appointed a committee to contract, it should be with cer- 
tain limitations, and the contract must be reported to the board for approval, as 
provided by section 1753. S. L. Decisions, 40. 

5. If members or officers of the board intentionally violate law they become 
personally liable. Iowa Reports, 14, 510; 17, 155; 24, 337, and 38, 47. 

6. If an agent makes a valid contract without authority, he is himself bound 
thereby. 37 Iowa, 314. S. L. Decisions, 45. 

7. Boards should not involve the district in an indebtedness for the erection of 
school- houses, by contracts and the issue of orders to exceed the amount voted by 
the electors, or of available school-house funds. 

8. District townships have no authority to issue bonds or other evidences of 
indebtedness for the purpose of borrovving money. 

9. Unappropriated school-house funds may be disposed of by the electors, under 
section 1717, for improvements, such as fencing school-house sites, providing wells, 
etc., or the same may be transferred to either the teachers' or contingent fund, 
and the board, under section 1723, is required to carry out the vote of the electors. 
S. L. Decisions, 55. 

10. Any unappropriated school-house fund in the district treasury may be used 
for the erection or repair of school-houses, at the discretion of the boai'd, without 
action of the electors. 

11. A lightning rod may be supplied as a part of a new house, and paid for from 
the school -house fund. 51 Iowa, 432. 

13. Before making a contract great paias should be taken to obtain the best 
possible plan for the building. On this point the law requires consultation with 
the county superintendent. 

13. Contracts for the erection or repair of school-houses, or for material for the 
same, exceeding $300, cannot be entered into until proposals have been published 
at least twenty-eight days. Repairs include furniture. 

14. After the contract is executed, it should be changed with caution, or the 
sureties may be released. 50 Iowa, 98. 



24 SCHOOL LAWS OF IOWA, 

Sec. 1724. Tiiey shall fix the site for each school-house, taking into 
consideration the geoofraphical position and convenience of the people of 
each portion of the subdistrict, and shall determine what number of 
schools shall be taught in each subdistrict, and for what additional time 
beyond the period required by law they shall be continued during each 
year. 

15. Contracts made ia violation of the terms of tliis section are illegal. Their 
fultillmeiit may be prevented by injunction. 

16. The local board of health has undoubted right under chapter 151, section 16, 
laws of 1880, to condemn and close for use as a school-house a building believed by 
them to be unfit for such purpose. 

17. The district may not form a partnership with any other party in the build- 
ing of a school-house. This does not prevent the receiving of donations and 
granting privileges under notes 12 and 15 to section 1753. 

18. District property is exempt from general taxation, from execution, from 
gai'nishment, and from mechanic's lien. Sections 707, 3018, 2976, and 54 Iowa, 81. 

19. The legal obligations of the district are the same as those of any other land 
owner, with I'egard to fencing. Sometimes a district desires to maintain a differ- 
ent or better fence than can be required of the party joining. In such cases it is 
quite customary for districts to build the whole fence. 

20. There is no provision of law for condemning laud for a school I'oad. If the 
land cannot be procured by contract, the road may be established in the same 
manner and by the proceedings provided for the establishment of highways, and 
when the damages have been assessed, the district may pay the same. 

Sec. 1724. 1. The power to locate sites for school-houses is vested, originally, 
exclusively in the board. This authority should be exercised with great care, and 
without prejudice. S. L. Decisions, 70, 75, and 93. 

2. The wishes of the people, for whom the house is designed, should be con- 
sulted as far as practicable, taking into account the prospective as well as the 
present convenience of the subdistrict. S. L. Decisions, 55 and 64. 

3. The power of the board to fix the site carries with it the power to relocate 
that site. The exercise of this power is a proper and necessary adj unct of the power 
to make alterations in subdistiict boundaries. 68 Iowa, 161. 

4. An extension of settlements frequently changes the centers of population 
and necessitates a change of subdistrict boundaries, and the removal of school- 
houses to central localities in the new subdistricts. 23 Iowa, 408. 

5. A site near the center of the subdistrict should be chosen, unless controlling 
circumstances indicate a different selection. S. L. Decisions, 39 and 95. 

6. The removal of a school-house from the subdistrict must be tirst ordered by 
the electors, at the district township meeting. S. L. Decisions, 43. 

7. As a change of boundaries between subdistricts does not take effect until the 
subdistrict meeting in March, the board may not move the school-house to accom- 
modate the pi'oposed new subdistrict until after that time. 

8. If possible, the district should own the sites. In every case, a perfect title 
should be secured, and the warranty deed recorded, before commencing to build. 

9. The site should contain not less than one acre of ground, ordinarilj^ and this 
exclusive of highway. 

10. The provisions of section 1825 do not apply in cases where the site is pur- 
chased. S. L. Decisions, 86 and 96. 



SCHOOL LAWS OF IOWA. 25 

Sec. 1725. (As amended by Chap. 109, Laws of 1876, and Chap. 
121:, Laws of 1886.) They shall determine where pupils may attend 
school, and for this purpose may divide their district into such subdis- 
tricts as may by them be deemed necessary; provided that no such sub- 
district shall be created for the accommodation of less than fifteen pupils, 
but the board of directors shall have power to rent a room and employ a 
teacher for the accommodation of any ten scholars; provided further that 
nothing in this chapter contained shall be construed to prohibit the 
construction of as many school-houses, out of moneys derived from taxes 
levied previous to January 1, 1876, in any subdistrict where the subdis- 
trict comprises the entire district towhship, as shall have been author- 
ized and provided for at the annual meeting of the district township 
electors. 

Sec. 1726. They may establish graded or union schools wherever they 
may be necessary, and may select a person who shall have the general 

IL Every new site, taken by condemnation under section 1825, must be selected 
■on some public highway, at least forty rods from any residence the owner whereof 
objects to its being placed nearer, and not in any orchard, garden, or public park; 
•except in incorporated towns or cities. Section 1826. 

12. Boards may rebuild on sites without consent of owners of residences withia 
forty rods. 

13. As regards the length of time during which schools are to be taught in each 
subdistrict, twenty-four weeks is the minimum. The maximum is unlimited, 
•except as by section 1780, providing a limit to the amount of taxes for contingent 
and teachers' fund. 

Sec. 1725. 1. All changes in subdistrict boundaries must be made in strict 
■conformity with sections 1738 and 1796. 

2. The words pupils and scholars, as used in this section, mean persons 
'between the ages of live and twenty-one years. 

3. All territory must be included within some school district, and all of a dis- 
trict township must be included in some subdistrict. Section 1713. S. L. Decis- 
ions, 80. 

4. A subdistrict is not a corporate body and has no financial claims, nor can it 
be held liable for debts, except as a part of the district township. Note 3 to sec- 
tion 1716. S. L. Decisions, 40. 

5. The board may discontinue or abolish a subdistrict by a readjustment of 
boundaries, taking effect in March following. 

6. No change in boundaries may be made by the board which leaves any subdis- 
trict with less than fifteen persons of school age. 

7. In an organized subdistrict, even though there are not fifteen persons of 
school age, a school must be held, unless the board is excused by the county 
superintendent. Section 1727. 

8. The board cannot provide an extra school for the accommodation of a less 
number than ten persons of school age. S. L. Decisions, 99. 

9. There is nothing in law to pi'event the erection of more than one school- 
house in a subdistrict. 6;J Iowa, 533. S. L. Decisions, 132. 

Sec. 1726. 1. With their i^ower to establish and maintain graded schools, all 
boards are invested with the authority to prescribe a course of study in the differ- 
ent branches to be taught. 



26 SCHOOL LAWS OF IOWA. • 

supervision of the schools in their district, subject to tlie rules and reo;u- 
lations of the board. 

Sec. 1727. In each subdistrict there shall be taught one or more 
schools for the instruction of youth between the ages of five and twenty- 
one years, for at least twenty-four weeks, of five school days each, in 
each year, unless the county superintendent shall be satisfied that there 
is good and suflicient cause for failure so to do. Any person who wa& 
in the military service of the United States during his minority shall be 
admitted into the schools of the subdistrict in which he may reside on 
the same terms on M^hich youths between the ages of five and twenty-one 
are admitted. 

2. A graded school, open to the older and more advanced scholars from every 
subdistrict, may be advantageously established at some central point in the district 
township. 

3. It is very desirable that boards, county superintendent, and teachers should 
work together in efforts to classify and harmonize the work to be done in the 
ungraded schools. Much may be accomplished by concert of action in can-ying 
forward some uniform method of classification and instruction. 

4. Boards may bind a corporation by contracts entei'ed into after the election 
of their successors and before their qualification. 13 Iowa, 555. 

5. Boards may not unnccessarilj^ make contracts to extend beyond their 
term. 87 111., 255. 

6. While instances may occur in which the interests of the district will be sub- 
served by making contracts with teachers and others, which will not expire for 
months after a change of officers, courtesy as well as justice, dictates the impro- 
priety of making contracts the execution of which will embarrass successors in 
office. Ordinarily the board should make contracts only for the year during 
which they serve. 

Sec. 1727. 1. Unless the county superintendent finds it quite impracticable 
that a school should be held, and releases the board, it is required by law to provide 
a school in every subdistrict. 

2. The board may establish more than one school in a subdistrict if necessary 
for the accommodation of the children, subject to the limitations contained in 
sections 1725 and 1780. 70 Iowa, 102. 

3. Under section 1724, the board has power to provide for a longer period of 
school than twenty-four weeks. An additional school in a rented room continues- 
during such time as the board may determine. 

4. Inequalities in the requirements may demand that varying prices should be 
paid as wages for different schools. S. L. Decisions, 73. 

5. When two school-houses are within the same district, or subdistrict, a school 
of three months in each, held at the same time, does not fulfill the requirements 
of the law that a school of at least twenty-four weeks shall be taught. 

6. The school year for school purposes should be regarded as beginning on the 
third Monday in March, when a new board enters upon its duties. The year for 
the reports closes in September. 

7. All the youth of the state from five to twenty-one years of age, irrespective 
of religion, race or nationality, are entitled to the same school facilities. While 
schools may be graded according to the proficiency of pupils, no discrimination, 
such for instance as requiring colored pupils to attend separate schools, can be 
enforced. 21 Iowa, 260. 



SCHOOL LAWS OF IOWA. 27 

Sec. 1728. The board of directors of any district township or inde- 
pendent district shall not order, or direct, or make any change in the 
school-books or series of text-books used in any school under their super- 
intendence, direction, or control, more than once in every period of three 
years, except by a vote of the electors of the district township or inde- 
pendent district. 

Chapter 24, Laws of 1890. 

Authorizing and empowering the boards of directors of school dis- 
tricts TO PURCHASE TEXT-BOOKS, AND ALLOWING THE ELECTORS OF DIS- 
TRICTS AND COUNTIES TO DECIDE THE QUESTION OF UNIFORMITY, AND TO 
PROVIDE MEANS AND AUTHORITY FOR PURCHASE OF SCHOOL BOOKS AND- 
SUPPLIES. 

Section 1. The board of directors of each and every district township- 
and independent district in the state of Iowa is hereby authorized and 
empowered to adopt text-books for the teaching of all branches that are 
now or may hereafter be authorized to be taught in the public schools of 
the state, and to contract for and buy said books and any and all other- 
necessary school supplies at said contract prices, and to sell the same ta 

8. Persons over twenty-one years of age are not entitled to the benefits of the 
public schools, except as provided in the latter part of this section. If, however,, 
the school is not full, they and nonresidents may be admitted, in the discretion of 
the board, upon such terms as the board may prescribe. Section 1794. 

9. Children under five years of age will be more injured by the confinement 
than benefited by the instruction. They cannot claim the advantages of the school, 
and should not be allowed to attend. 

Sec. 1728. 1. The change of any text-book in the school under this section does 
not prevent the board from changing any or all other books at a subsequent time. 

2. Neither subdirector nor teacher has authority to change text-books. 

3. The electors may not vote, nor the boai'd appropriate, money for the pur- 
chase of text-books for the free use of scholars or teachers. 

CHAPTER 24, LAWS OF 1890. 

Section 1. 1. It is evidently not the intention to impose a hardship upon the 
president, but simply to guax'd the district against possible loss. The board is not 
to be considered as released in the slighest degree from its obligation, under the 
general law, to protect the funds. The bond is required for additional protection. 
Nor will the fact that the president gives a bond, in any way release the treasurei"- 
from his absolute responsibility for all funds of the district coming into his hands, 
from whatever source. Form 9. 

2. While the president is held responsible under his bond for the books and 
moneys while in his hands, it is not to be presumed that he must of necessity per- 
sonally handle and retail the articles sold. In many cases it will be desirable to 
engage some one to undertake for him the work of making changes of books, and 
of keeping the needed school supplies for sale. 

3. There is no provision of law by which the board may relieve the president 
of his duty to become responsible for the care and handling of the books. The 



28 SCHOOL LAWS OF IOWA. 

the pupils of their respective districts at cost, and said money so received 
shall be returned to the contingent fund; that the books and supplies 
v^hich are purchased under the provisions of this section shall be under 
the charge of the president of each board of directors, that he shall care 
therefor and receive all moneys for books sold, and he shall be respon- 
sible for all such books and moneys, and he shall give a bond in the sum 
of five hundred dollars with sureties to be approved by the county board 
of supervisors to insure the faithful performance of such duties. 

Sec. 2. All the books and other supplies, purchased under the pro- 
visions of this act, shall be paid for out of the contingent f imd, and the 
board of directors shall annually certify to the board of supervisors 
the additional amount necessary to levy for the contingent fund of said 
district to pay for such books and supplies. But such additional amount 
shall not exceed in any one year the sum of one dollar for each pupil 
residing in the district township or independent school district, and the 
amount so levied shall be paid out on warrants drawn for the payment 
of books and supplies only, but the district shall contract no debt for that 
purpose. 



board may not place them ia charge of a local dealer, or of any other person but 
the president. 

4. The president may not receive pay for any services required of him by the 
law. \Nor has the board power to pay a commission or other amount to a dealer, 
or to any other person, for keeping, selling, or caring for the books and supplies. 

5. We think the words any and all other necessary school supplies are intended 
to include only such articles as it is customary for parents to purchase for the use 
of their children in school work. For instance, globes and charts have not been 
furnished by the children. They cannot be bought with the money of the district, 
resold, and the money returned to the contingent fund as directed by the law. 

6. Text-books of every variety, in all classes and grades, and all kinds of sup- 
plies usually purchased by the children for use in the schools for the purposes of 
instruction, may be purchased under this act. 

7. It is desirable that the cost to the pupil shall be the lowest possible. Any 
extra expense connected with securing the books should not be added to their 
purchase price, but should be paid out of the contingent fund, upon separate 
orders. In this way the cost to the purchaser will agree with the contract price, 
and uniformit^r in cost for the same book will be common in many districts and 
counties. 

Sec 2. 1. Anj' contingent fund on hand may be used to purchase books and 
supplies. As the proceeds from sales must be returned at once to the contingent 
fund, no large additional amourit will ordinarily be needed to enable the average 
district to secure books and supplies under this law. 

3. When the board is estimating the levy for the contingent fund, it may 
include in the estimate an amount needed to pay any necessary expense connected 
with securing the books. But as indicated in section 1, and notes, no one can be 
paid for handling the books. 

3. All payments under this chapter must be made in strict accordance with the 
other provisions of law governing the disbursement of school moneys. No order 
for any purpose may be drawn until the account has been regularly audited by 
■the board. 



SCHOOL LAWS OF IOWA. ^9 

Sec. 3. In the purchasing of text-books it shall be the duty of the 
board of directors or the county board of education to take into consider- 
ation the books then in use in. the respective districts, and they may buy 
such additional number of said books as may from time to time become 
necessary to supply their schools, and they may arrange on equitable 
terms for exchange of books in use for new books adopted. 

Sec. 4. If at any time the publishers of such books as shall have- 
been adopted by any board of directors or county board of education, 
shall neglect or refuse to furnish such books when ordered by said board 
in accordance with the provisions of this act, at the very lowest price^ 
either contract or wholesale, that such books are furnished any other 
district or state board, or were furnished to any other district or state board, 
in the year 1889, then said board of directors or county board of educa 
tion may, and it is hereby made their duty to bring suit upon the bond 
given them by the contracting publisher. 

Sec. 5. Before purchasing text-books, under the provisions of this 
act, it shall be the duty of the board of directors, or county board of ed- 
ucation, to advertise, by publishing a notice for three consecutive weeks 
in one or more newspapers published in the county; said notice shall 
state the time up to which all bids will be received, the classes and grades 
for which text-books and other necessary supplies are to be bought, and 
the approximate quantity needed; and said board shall award the contract 
for said text-books and supplies to any responsible bidder or bidders 
offering suitable text-books and supplies, at the lowest prices, taking into 
consideration the quality of material used, illustrations, binding and all 
other things that go to make up a desirable text-book; and may to the 
end that they may be fully advised, consult the county superintendent;, 
or, in case of city independent districts, with city superintendent or other 
competent persons, with reference to the selection of text- books, provided, 
that the board may reject any and all bids, or any part thereof, and re- 
advertise therefor as above provided. 

Sec. 6. It shall be unlawful for any board of directors, or county 
board of education, except as provided in section 4, to displace or change 

Sec. 3. 1. There has never been iu this state, nor is there at present, any 
authority of law for the furnishing of free text-books. 

2. The provision allowiug books in use to be exchanged on equitable terms for 
the new books adopted, will assist very materially in securing uniform books, as 
well as in reducing the expense to the people. 

3. The good of the schools would be best advanced if it were ordered that the 
same book or books in any branch must be used in all the schools of the same 
grade in the district. This will simplify the purchase, and also facilitate the intro- 
duction of uniform books. 

Sec. o. Since the period of adoption is an extended one, it is essential that the 
best books obtainable be chosen. The knowledge and experience of the county 
superintendent i-ender'him peculiarly qualified to advise the board as to its choice.. 



20 SCHOOL LAWS OF IOWA. 

uny text-book that has been regularly adopted and introduced under the 
provisions of' this act, before the expiration of five years from the date 
of such adoption, unless authorized to do so by a majority of the electors 
present and votinoj at their regular annual meeting in March, due notice 
•of said proposition to change or displace said text-books having been in- 
■cluded in the notice for the said regular meeting. 

Sec. 7. Any person or firm desiring to furnish books or supplies 
under this act, in any county, shall, at or before the time of filing his bid 
hereunder, deposit in the office of the county auditor samples of all 
text-books included in his bid, accompanied with lists giving the lowest 
wholesale and contract price for the same. And said samples and lists 
shall remain in the county auditor's otfice, and shall be delivered by him 
to his successor in oflice; and shall be kept by him in such safe and con- 
venient manner as to be open at all times to the inspection of such 
school oflicers, school patrons, and school teachers as may desire to 
examine the same, and compare them with others, for the purpose of 
use in the public schools. The board of directors and count}^ board of 
education mentioned shall require of any person or persons with whom 
they contract for furnishing any books or supplies to enter into a good 
and sufficient bond in such sum and with such conditions and sureties as 
may be required by such board of directors or county board of education 
for the faithful performance of any such contract. 

Sec. 8. When a petition shall have been signed by one-half the school 
directors in any county, and the same shall have been filed in the office 
of the county superintendent of said county, at least thirty days before 
the annual school elections in March, asking for a uniform series of text- 
books in the county, then the said county superintendent shall notify the 
county auditor and the board of supervisors of such petition. Such no- 
tice shall be in writing and shall be served or delivered as soon as possi- 
ble, and within fifteen days after the filing of the petitions provided for 
herein, the board of education, provided for in section 9, shall meet and 
provide for the submission of the question of county uniformity. 

Sec. 9. The county superintendent, the county auditor, and the 
county board of supervisors shall constitute a board of education, whose 
duty it shall be to arrange for a vote by the electors at the annual meet- 
ing in March, for or against county uniformity of school text-books 

Sec. 8. It is iuteuded that at least one-half of the individuals composing all 
boards, except those of citj' and town districts, shall sign the petition referred to. 
Form 12. 

Sec. 9. 1. The county boai'd of education is a continuous body. 

2. County boards of education will from time to time make such rules and regu- 
lations as seem to them necessary to carry out the purpose and spirit of the law. 

3. Purchases of records, dictionaries, apparatus, and similar supplies for the 
use of the district may not be made by contract under this law, but such articles 



SCHOOL LAWS OF IOWA. 31 

under such roles and regulations as said board of education may deter- 
mine. Should a majority of the electors voting at uuch election, favor a 
uniform series of text-books for use in said county, then the county 
board of education shall meet and select the school text-books for the 
■entire county, and contract for the same under such rules and regulations 
as the said board of education may adopt. When a list has been so 
selected, they shall be used by all the public schools of said districts, and 
the board of education may arrange for such depositories as they may 
'deem best, and may pay for said school books out of the county funds 
and sell them to the school districts at the same price as provided for in 
section one of this act, and the money received from said sales shall be 
returned to the county funds by said board of education monthly. The 
boards of school officers, who are made the judges of the school meet- 
ings, shall certify to the board of supervisors the full returns of the votes 
cast at said meetings the next day after the holding of said meetings, who 
shall, at their next regular meeting, proceed to canvass said votes and 
declare the result. 

will be bought for cash as heretofore, with unappropriated contingent fund in the 
treasury, as provided by section 1729. 

4. The county board of education must cause the books to be sold to the people 
direct, under such regulations as the board may adopt. 

5. Security by bond made payable to the county, may be required from depos- 
itaries. But the fact that the money from sales must be returned to the county 
funds monthly, will lessen the need for as much security as would be necessary, if 
a large sum of money could be held by a depositary for a long time. 

(i. Under county uniformity, of course no bond is required from presidents, as 
the boards of the different districts have nothing whatever to do with the handling 
of the books and supplies. 

7. The county board of education should arrange for a sufficient number of 
depositories to accommodate fully the people of every district in the county. 

8. The law does not require bonds from depositaries. 

y. It would promote an equality of price for the same book in the several 
counties, if any slight extra expense connected with securing or handling the 
books were not added to the contract price, but paid for from the county funds, by 
the board of supervisors. In this way, the books and supplies may be sold to the 
people at cost, the same as provided under sections 1 and 2, when purchase is 
made by a district. 

10. The judges of the school meetings are, in district townships, those referred to 
in subsection 1 of section 1717, and in independent districts, those named in section 
1808. 

11. It is apparent that there will be many questions arising in the application of 
this act, upon which we cannot venture an opinion. Any matter in which the 
binding force or validity of a contract is involved, can be determined only by the 
courts of law. 

12. The county attorney is the legal adviser of the county board of education, 
and he should be fieely consulted on questions upon which the board may be ia 
doubt. 



32 SCHOOL LAWS OF IOWA. 

Sec, 10. The county superintendent shall, in all cases, be chairmaD- 
of the county board of education, and the county auditor shall be the- 
secretary, and a full and complete record shall be kept of their proceed- 
ings in a book kept for that purpose, in the office of the county superin- 
tendent. A list of text-books so selected, with their contract prices, 
shall be reported to the state superintendent with the regular annual 
report of the county superintendent. 

Sec. 11. It shall be unlawful for any school director, teacher or mem- 
ber of the county board of education to act as agent for any school text- 
books or school supplies during such term of office or employment, and any 
school director, officer, teacher or member of the county board of educa- 
tion who shall act as agent or dealer in scliool text-books or school sup- 
plies, during the term of such office or employment, shall be deemed 
guilty of a misdemeanor, and shall upon conviction thereof, be fined not 
less than ten dollars nor more than one hundred dollars, and pay the 
costs of prosecution. 

Sec. 12. The provisions of sections 8, 9 and 10 of this act shall not 
apply to schools located within cities or towns, nor shall the electors of 
said cities or towns vote upon the question of count}^ uniformity, but 
nothing herein shall be so construed as to prevent such schools in said 
cities and towns from adopting and buying the books adopted by the- 
county board of education at the prices fixed by them, if by a vote of the 
electors they shall so decide. 

Sec. 13. All acts or parts of acts in conflict with the provisions of 
this act are hereby repealed. 

Sec. 1729. They may use any unappropriated contingent fund in the 
treasury to purchase records, dictionaries, maps, charts, and apparatus 

Sec. 11. 1. We think the intention of this section is to prohibit any of the 
persons named from engaging in any business in connection with school text- 
books or supplies, by which his pecuniary interests might be brought in conflict 
with his official duties. 

2. The fact that a person is subject to the penalties named, for violating the 
provisions of this section, will not operate to depinve him of his office or position. 

Sec, 12. 1. All the provisions of this act, except sections 8, 9 and 10, apply to 
city and town independent districts, and such districts may purchase books and 
supplies in the same manner as other districts, as provided by sections 1 to 7, 
inclvisive. 

2. The pi'ovisions of sections 8, 9 and 10, apply to villages and towns in dis- 
trict townships and in rural independent districts, such towns being a part of and 
included in the school districts in which they are situated. 

3. It is intended that all forms of districts except those included iu sections 
1800-1806, shall be subject to county uniformity, if such uniformity is ordered. 

Sec. 1729. 1. The law does not contemplate any purchase of maps, charts, or 
other apparatus, that cannot be paid for with surplus contingent funds. 80 lowa^ 
121. 



SCHOOL LAWS OF IOWA. 33 

for the use of the schools of their districts, but shall contract no debts 
for this purpose. 

Sec. 1730. They shall appoint a temporary president and secretary 
in case of the absence of the regular officers, and shall fill any vacancy 
that may occur in the office of president, secretary, or treasurer, or in 
the board of directors. 

2. Purchases of records, dictionaries, apparatus, and similar supplies for the 
use of the district may not be made by contract under chapter 24, laws of 1890, but 
all such articles will be bought for cash with unappropriated contingent fund in 
the treasury. 

3. For a board to buy charts or other apparatus with the intention of after- 
wards certifying contingent funds to pay for the same, is a clear violation of the 
law. Members and officers so violating law may become personally liable. 37 
Iowa, 314 and 38 Iowa, 47. 

4. The tendency of our courts to hold boards to the strict construction of the 
law has seemed to be needed in order to protect the people, in many cases, from 
the misrepresentations of agents for supplies, who willingly take orders for 
apparatus at their risk, but also at great annoyance to districts and often to the 
detriment of the schools. 67 Iowa, 164. 

5. There can. be no doubt that one of the purposes of the school is to teach 
patriotism to the children . The board may use contingent funds in the treasury, 
not needed to keep the schools in operation during the year, to purchase a flag to 
be used as apparatus in the school room, on the school building, or upon the school 
grounds. 

6. A debt against the school-house fund may be contracted for any of the 
articles included in this section, if the electors at their annual meeting have 
directed what purchases shall be made, 28 Iowa, 332. 

Sec. 1730. 1. A vacancy can be created by death, i-emoval, resignation, failure 
to elect, or "failure to qualify on or before the third Monday in March. " 

2. If a subdistrict is divided, so as to form a new one, the resident subdirector 
will continue to act as though no change had been made, until the following sub- 
district election. 

3. If a person without the requisite qualifications, is elected a member of the 
board and acts with the board, being a member de facto, his acts will be valid, but 
when his disqualification becomes known, the board should declare the place 
vacant and appoint his successor. 23 Iowa, 96. 

4. A board may ratify or adopt such acts of officers de facto as the law would 
permit officers de jure to perform. 

5. School directors may resign at any time. A verbal or a written resignation 
may be tendered to the board when in session, or a written resignation may be 
handed to some member to be presented at a subsequent meeting, for acceptance 
by the board. 

6. No one can be compelled to serve as a member or officer of the board 
against his wishes. 

7. When a director habitually or wilfully neglects the duties of his office, he 
may be compelled by mandamus to perform them. S. L. Decisions, 100, 128, and 
137. 

8. Boards have no authority to remove any member or officer of the board. 
Such removal may be made only by the courts as provided by sections 746-750, 
Code. 

3 



34 SCHOOL LAWS OF IOWA. 

Sec. 1731, They shall require the secretary and treasurer to give 
bonds to the district in such penalty and with such security as they may 
deem necessary to secure the district against loss, conditioned for the 
faithful performance of their official duties. The bonds shall be filed 
with the president, and in case of a breach of the conditions thereof he 
shall bring suit thereon in the name of the district township or independ- 
ent district. 

Sec 1T32. They shall, from time to time, examine the accounts of the 
treasurer and make settlement with him; and shall present, at each reg- 
ular meeting of the electors of the district township, a full statement of 
the receipts and expenditures of the district township, and such other 
information as may be deemed important. 

Sec. 1733. They shall audit and allow all just claims against the dis- 
trict, and fix the compensation of the secretary and treasurer, and no 

9. In case the board is reduced below a quorum by resignation, or otherwise, 
the township trustees must call a special election to fill vacancies, as provided by 
section 1714. 

Sec. 1731. 1. The law requires all official bonds to be secured by at least two 
sureties who are freeholders, and whose aggregate property is double the amount 
of the bond, the oath of office to be subscribed on the back of the bond, or attached 
thereto, and tlie sureties to make affidavit that they are worth the amount named 
in the bond. Section 249, 250, 675 and 679, Code. Form" 14. 

2. As the bonds of the secretary and treasurer must be approved by the board, 
no member should become surety for one of these officers. 

3. Any officer whose duty it is to give bonds for the proper discharge of the 
duties of his office, and who neglects so to do, is guilty of a misdemeanor, and is 
liable to a fine. Sections 684 and 3965, Code. 

4. A board approving bonds known to be insufficient, does not discharge the duty 
incumbent upon it, and is liable under section 3965, Code, on a charge of misde- 
meanor. Iowa Reports, 14, 510; 18, 153. 

Sec. 1732. 1. The interest and protection of the taxpayers require that such 
settlement should be made at least twice a year, and more frequently if deemed 
necessary, and the settlement at the end of the term requires that the funds and 
property shall be produced and fully accounted for, and that these facts should be 
indorsed upon the new bond of the treasurer, if he is i-e-elected. Section 690, 
Code, quoted in note 7 to section 1747. 69 Iowa, 269. 

2. Whenever the board thinks it necessary, security additional to that already 
given may be required of the treasurer. Section 773, Code. 

3. This section contemplates that a full report of the afi'airs of the district shall 
be made by the board at each annual meeting of the electors. This work appro- 
priately devolves upon the president, unless the board designates some other 
member. When practicable the report may be published in a newspaper. 

Sec. 1733. 1. All demands, whether by contract or otherwise, must be 
approved by the board when in session, before an order may be drawn on the 
treasury, and no officer should draw an order unless he is authorized to do so by 
a vote of the board, at a regular or special meeting. 

2. Only the secretary and the treasurer may receive compensation for the dis- 
charge of duties required by law. Section 1738 and 78 Iowa, 37. 



SCHOOL LAWS OF IOWA. 35 

order shall be drawn on the treasury until the claim for which it is drawn 
has been audited and allowed. 

Sec. 1Y34. They shall visit the schools in their district, and aid the 
teachers in establishing and enforcing the rules for the government of 
the schools, and see that they keep a correct list of the pupils, embracing 

3. It is the duty of the board to examine all contracts for the employment of 
teachers, and the construction of school-houses, or for any other purpose, and to 
see that the stiiDulations have been complied with, before directing the payment of 
money thereon. 

4. A member may relieve himself of the responsibility of an illegal act of the 
board, by moving that the ayes and noes be taken, and voting no. In case of pros- 
ecution the liability of such member may be materially lessened. 

5. The board may authorize the president and secretary to draw warrants for 
the payment of teachers' salaries at the end of each school month, upon proper 
evidence that the service has been performed, but the order for wages for the last 
month should not be drawn until the full report required by section 1760 is filed in 
the office of the secretary. 

6. School orders issued without a vote of the board or otherwise illegally issued, 
although they may be signed by the president and countersigned by the secretary, 
are not binding upon the district, neither can they acquire validity by being ti'ans- 
feiTed to thii'd parties. If illegal when issued, they are illegal forever. 19 Iowa, 
199 and 248. S. L. Decisions, 38. 

7. An order is not a negotiable paper. It is subject to all equities and defenses 
to which it would have been subject in the hands of the payee. 22 Iowa, 595 and 
29 Iowa, 389. 

Sec. 1734. 1 . Boards have entire control over the public schools of their district 
and the teachers employed therein. 

2. Kules and regulations governing teachers and scholars, may be adopted and 
enforced bj" the boai-d, as the best interests of the schools may seem to require. 
S. L. Decisions, 49 and 91. 

3. The force and effect of any motion adopted by the board does not terminate 
with a change of officers or members, but remains in force until repealed. 
35 Iowa, 361. 

4. The teacher is the agent of the board, and rules made by him and enforced 
with either the formal or tacit consent of the board, are in effect the rules of the 
board. 

5. If it is understood that the principal of a school has charge of other rooms 
besides his own, he has the same power in managing the children that is by law 
given to other teachers. 

6. The board of every district should adopt a carefully prepared course of study, 
to which the electors may add other branches. 

7. The law does not prescribe clearly the several branches that shall be taught 
in the public schools, further than to require the teachers to be qualified to teach 
certain branches enumerated. It is plainly implied that all those common branches 
are to be included in every course of study. 

8. In the absence of instruction by the electors, the board should decide what 
branches in addition to those in a teacher's examination, shall be taught. 

9. The board of every district has the right to include music, drawing, or any 
other branch, in the course of study. 



36 SCHOOL LAWS OF IOWA. 

the periods of time during which they have attended school, the branches 
taught, and such other matters as may be required by the county super- 
intendent. In case a teacher employed in any of the schools of the dis- 
trict township is found to be incompetent, or is guilty of partiality or 
dereliction in the discharge of his duties, or for any other sufficient 

10. It is the duty of the teacher, under the direction of the boai-d, to determine 
what branches can best be pursued by each pupil. 

11. Without special mention in the teacher's contract, it is undei'Stood that only 
the common branches and those included in the course of study for the school are 
expected to be taught. 

13. If it is desired that higher arithmetic, or any other advanced study, shall be 
taught in one or more schools in the district, the board should include such branch 
in the course of study for such school or schools. 

13. It is not within the province of individual persons to demand instruction 
outside the branches usually taught. 

14. P>ery scholar must study physiology and hygiene, including the effects of 
stimulants and narcotics, until the outline upon that branch, as prepared by the 
board, has been completed. 

15. It becomes the duty of every teacher to follow the plan of work indicated 
in the course of study. When difficulties are met, if no other person has general 
supervision, the matter may be brought to the attention of the boai'd. 

16. As regards classification, the board has absolute control. But as the teacher 
is by common consent presumed to know what will be best for all, custom has 
left to him the making of the program and the placing of scholars in the proper 
classes. In doing this, however, he acts for the board, and any complaint should 
not be made to the teacher, but to the board. 

17. If a scholar is found to be so deficient in the common branches that he is 
unable to take the work in a class more advanced, without detriment to the class 
and to himself, it is plain that he may be classified in each branch where he is 
likely to receive the greatest good. The penalty for not pursuing a suitable 
course of study will be found in the fact that such scholars may be denied promo- 
tion, and may not be allowed to graduate. 

18. In connection with the course of study, the board should designate the 
teaching helps and apparatus to be used, and should also arrange to furnish such 
appliances as soon as they are needed. 

19. A conscientious compliance with the requirements regarding visitation 
would greatly increase the efficiency of the schools. There are very many things 
that may be best ascertained by visiting the school, inspecting the work of the 
pupils, and conversing with the teacher. The teacher can accomplish the best 
results only when he is sure of the hearty co-operation and support of the board. 

20. It is the duty of every boai^d to see that the teachers comply strictly with 
all requirements made by the county superintendent, as well as with all rules 
made by the board. S. L. Decisions, 135. 

21. Every teacher in the county may be required to make such reports, agree- 
ing with the spirit of the law, as the county superintendent maj^ request, in such 
form and at such reasonable times as the county superintendent may determine. 

22. The continued refusal to comply with all uniform and reasonable regula- 
tions made by the county superintendent, or by a board, on the pai't of any one 
employed as teacher, would constitute good cause for revocation or subsequent 
refusal of certificate, or for dismissal by the board. 



SCHOOL LAWS OF IOWA. 37 

cause shown, the board of directors may, after a full and fair investioi;a- 
tion of the facts of the case, at a meeting convened for the purpose, at 
which the teacher shall be permitted to be present and make his defense, 
discharge him. 

Sec. 1735. The majority of the board in independent districts shall 
have power, with the concurrence of the president of the board of 

23. By universal consent, and certainly by the spirit of our school law, it is 
expected of teachers that they refrain from improper language, keep the Sabbath 
day with respect, and in every other way avoid practices or company that are 
demoralizing in their tendencies. 

24. Teachers are entitled to the support and co-operation of the board. It is 
alike due to the dignity of the board and the rights of the teacher that no one 
should be discharged except after thorough investigation and the clearest proof. 
If possible, the teacher should be shielded from the stigma of discharge. 

25. In the trial of a teacher, when it is sought to dismiss him, all the provisions 
of section 1734 must be strictly complied with. The board must allow the teacher 
to make a full defense, and the teacher may appear by attorney, or otherwise, as 
he chooses. 

26. Boards may dismiss teachers only for good cause shown. In case the board 
passes an order to dismiss, the material reason therefor should be spread upon the 
record, for, while in case of contest, these reasons would not be conclusive 
against the teacher, the board would be estopped from presenting other reasons 
than those named in the record. 

27. When a teacher is unjustly dismissed, an appeal may be taken from the 
action of the board in dismissing him, but a suit at law must be brought, if he 
seeks to recover his pay upon the contract. The teacher should be paid only to 
the date of legal dismissal. 53 Iowa, 585. 

Sec. 1735. 1. The board will be justitied in refusing to permit the attendance 
of a pupil whose parent will not consent that he shall obey the rules of the school. 
50 Iowa, 145. 

2. The right to attend school is not absolute, but is conditional upon compli- 
ance with the rules and the essential conditions. 

3. A board may not adopt a rule which will deprive a child of school privileges, 
except as a punishment for breach of discipline or an offense against good morals. 
56 Iowa, 476. 

4. It is competent for boards to provide by rules that pupils may be suspended 
from the schools in case they shall be absent or tardy a certain number of times 
within a fixed period, except for sickness or other unavoidable cause. 31 Iowa, 562. 

5. The pai'ent has no right to interfere with the order or progress of the school 
by detaining his child .at home, or by sending him at times that prove an annoy- 
ance or hindrance to others. 31 Iowa, 562. 

6. If the effects of acts done out of school hours reach within the school room 
during school hours, and are detrimental to good order and the best interests of 
the pupils, it is evident that such acts may be forbidden. 31 Iowa, 562. 

7. We believe our courts will sustain boards in recognizing flagrant offenses 
having a direct and immediate tendency to injure the school, to bring contenrpt 
upon the teacher, or to subvert the authority of the board, even though such offenses 
may be committed away from the school gi'ounds, and out of school hours. And 
if boards find it necessary in their opinion, to adopt and enforce reasonable regu- 



38 SCHOOL LAWS OF IOWA. 

directors, to dismiss or suspend any pupils from the school in their dis- 
trict for gross immorality or for a persistent violation of the regulations 
or rules of the school, and to readmit them if they deem proper so to do. 

lations in such cases, we believe their action will not be interfered with by the 
courts. 

8. The regulations of the state board of health require every person entering any 
public school to give satisfactory evidence of protection by vaccination. Local 
boards of health have the power to require protection in all schools, and of all 
children, or even all persons within their jurisdiction. It is well established that 
schools are among the most prolific sources of the spread of contagious diseases. 

9. The board should exclude children coming from houses where there are con- 
tagious diseases, and may also enforce a rule that children not vaccinated 
shall be excluded until they have complied with such reasonable regulation. 

10. The law does not provide that the board is compelled to give scholar or par- 
ents notice or chance for defense, before ordering suspension or expulsion of the 
scholar. The board has large discretionary powers. This is one of the matters 
which come wholly within its discretion. But it would be well for the board 
carefully to investigate the charges, before dismissing any scholar. S. L. Decisions, 
91. 

11. For good cause, a teacher may suspend without fixing the time, notice being 
also at once given to the board. 

12. Suspension is the separation of the scholar from the school for a limited 
time, and it may be either for bad conduct, for absence, or as a sanitary measure. 

13. The period of time fixed by the board during which suspension or expulsion 
shall be in force, should be clearly indicated. Conditions upon which earlier 
readmission is provided for, may very properly be given in the same connection. 

14. The true idea is to bring all within the salutary intiuenee of the school, and 
to drive none out, but cases sometimes occur in which it becomes necessary for the 
board to protect the rights of the many by excluding a scholar whose presence 
and example are a constant menace to the successful progress of the school. 

15. The teacher has control over scholars during school hours, unless restricted 
by a rule of the board. He may require a scholar to remain in his seat during 
recess as a punishment. However, it is not wise to deprive children, to any great 
extent, of the exercise necessary to their physical well-beiug. 

16. A teacher may not detain a scholar after school hoars, against the wish of 
the parent. 

17. Teachers should exercise watchful care and oversight as regards the conduct 
and habits of their scholars, not only during school hours, recesses and intermis- 
sions, but also within I'easonable limits while they are coming to and returning 
home from school. 

18. The teacher is responsible for the discipline of his school, and for the prog- 
ress and deportment of his scholars. It is his imperative duty to maintain good 
order and require of all a faithful performance of their duties. If he fails to do 
so he is unfit for his position. To enable him to discharge these duties effectually^ 
he must necessarily have the power to enforce prompt obedience to his requests. 
For this reason the law gives him the power, in proper cases, to inflict punish- 
ment upon refractory scholars. S. L. Decisions, 49 and 71. 

19. In applying correction, the teacher must exercise sound discretion and 
judgment, and should choose a kind of punishment adapted not only to the 



SCHOOL LAWS OF IOWA. 39 

Sec. 1736. They shall at their regular meeting in March of each year 
require the secretary to file with the county superintendent, county 
auditor and county treasurer, each, a certificate of the election, qualifica- 
tion and post oflice address of the president, treasurer, and secretary of 
the district township, and to advise them from time to time of any 
changes made in said ofiices by appointment. 

Sec. 1737. They shall make such rules and regulations as may be 
necessary for the direction and restriction of subdirectors in the dis- 
charge of their official duties, and not inconsistent with law. 

Sec. 1738. A majority of the board of directors shall be a quorum to 
transact business, but a less number may adjourn from time to time, and 
no tax shall be levied by the board after the third Monday in May; nor 
shall the boundaries of subdistricts be changed except by a vote of the 

offense, but to the offender. Corporal punishment is a severe remedy, and its 
use should be reserved for the baser faults. S. L. Decisions, 48. 
30. In 50 Iowa, 145, the suggestion is made that expulsion by the board rather 
than sevex'e corporal punishment by the teacher, is a good remedy in case of a 
repeated violation of the rules. 

Sec. 1736. It is very important that the secretary should file the certificate with 
the county officers named, immediately after the regular meeting of the board in 
March and September, otherwise funds belonging to the district may be paid to 
persons not authorized to I'eceive them. Whenever a change is made the county 
officers should be notified. Form 15. 

Sec. 1737. These rules should be carefully prepai'ed, adopted by the board and 
recorded, and each subdirector should be furnished with a copy. They may prop- 
erly provide all restrictions, not in contiict with law, which the board may see fit 
to adopt for the guidance of subdirectors. They may direct that a subdirector 
may not teach his own school; that no contracts shall be made by him which do 
not expii'e with the school year; and that he may not engage as teacher a near rela- 
tive or a connection unless he has obtained the previous consent of a majority of 
the board, nor employ any teacher to whom a majority of the electors or patrons 
object in writing. Section 1753, and notes. 

Sec. 1738. 1. As to the proper course to pursue when the board is reduced 
below a quorum, see note 9 to section 1730. 

3. In the absence of a direct provision of law, or of a by-law requiring a 
majority vote of all the board, or one providing that the highest vote shall carry, 
or a rule imposing some other limitation upon the board, a majority of the votes 
cast, a quorum being present, will carry a measure. 

3. Our supreme court has held that the provision of this section that no tax 
shall be levied by the board after the third Monday in May, is mandatory, and 
that a tax voted after that time is void. 73 Iowa, 304. This decision renders it 
essential that boards act promptly, and see that all taxes are determined and certi- 
fied within the time required by law. Section 1777. 

4. A change of subdistrict boundaries is illegal and void, unless made by a 
majority of the whole board. 

5. Any compensation paid to any other member of the board than the secretary 
and treasurer, for the performance of official duties, is in direct opposition to the 
law, and an open violation of the oath of office. For locating sites, or receiving 
buildings on the completion of contracts, a membei' clearly cannot receive pay. 



40 SCHOOL LAWS Ol IOWA. 

majority of the board, nor shall the members of the board, except its 
secretary and treasurer, receive pay out of any school funds for services 
rendered under this chapter. 

Chapter 64, Lavv^s of 1874. 
industkial expositions in schools. 

Section 1. It shall be the duty of the board of directors of independ- 
ent school districts, and the subdirector of each subdistrict, if they should 
deem it expedient, under the direction of the county superintendent, to 
introduce and maintain an industrial exposition in connection with each 
school under their control within this state. 

Sec. 2. These expositions shall consist of useful articles made by the 
pupils, such as samples of sewing, and cooking of all kinds, knitting, 
crocheting, and drawing, iron- and wood-work of all kinds, from a plain 
box or horseshoe to a house or steam engine in miniature; also, all other 
useful articles known to the industrial world, or that may be invented by 
the pupils, in connection with farm and garden products in their season, 
that are the results of their own toil. 

Sec. 3. The pupils shall be required to explain the use and method 
of their work, and kind and process of culture of farm and garden prod- 
ucts. 

Sec. 4. The parents and friends of pupils shall be allowed and 
requested to be present at said expositions. 

Sec. 5. Ornamental work shall be encouraged when accompanied by 
something useful made by the same pupil. 

Sec 6. These expositions shall be held in the school room upon a 
school day as often as once a term, and not oftener than once a month. 

Chapter 23, Laws of 1882. 

eequiring boards to set trees on school grounds. 

Section 1. The board Of directors of each district township and inde- 
pendent district, shall cause to be set out and properly protected, twelve 

6. A member may not be employed by the board to oversee the building of a 
school-house and receive pay therefor, or to act in any like capacity for which he 
would be paid from the funds of the district. Such engagement is contrary to 
public policy and clearly illegal. 78 Iowa, 37. 

7. 'The board may receive and act vipon communications from pei'sons selected 
outside the board to report upon matters referred to such persons as a committee. 

8. An official trust cannot be delegated. Neither the boarc^ nor any member 
may appoint a substitute to perform the official duties of a member or of the 
board. 

9. A vote may be rescinded, if matters have not become involved making such 
reconsideration impossible, such as the acceptance of a contract under the vote in 
question, or the filing of an appeal. 



SCHOOL LAWS OF IOWA. 41 

or more shade-trees on each school-house site belonging to the district, 
where such number of trees are not now growing, and such expense shall 
be paid from the contingent fund. 

Sec. 2. It shall be the duty of the county superintendent in visiting 
the several schools in his county, to call the attention of any board of 
directors neglecting to comply with the requirements of this statute, and 
the required number of shade-trees shall be planted as soon thereafter as 
the season will admit. 

Sec. 3. That section 1745, of the Code, be amended by adding an 
additional item at the end of said section, as follows: 12. The number 
of trees set out and in thrifty condition on each school-house grounds. 

Chapter 149, Laws of 1882. 
(As amended by Chap. 107, Laws of 1886.) 

ENABLING BOARDS TO INSURE SCHOOL PROPERTY. 

Section 1. The board of directors of all school districts, organized 
under any of the laws of this state, may use unappropriated contingent 
funds for the purpose of effecting an insurance on the school property of 
their district; but they ma}' contract no debts for this purpose. 

Chapter 103, Laws of 1884. 
prohibiting barb wire around school-houses. 

Section 1. It is hereby made the duty of the board of directors of 
every independent district and of every district township, to remove 
before the first day of September, a. d. 1884, any barb wire fence enclos- 
ing in whole or part any public school grounds in such district, and it is 
also made the duty of any person owning or controlling any barbed wire 
fence within ten feet of any public school grounds to remove the same 
within the time herein above named. 

Sec. 2. Hereafter barb wire shall not be used in enclosing in whole 
or in part any public school building or the grounds upon which the 
same may stand; and no barbed wire shall be used for a fence or other 
purpose within ten feet of any public school ground. 

Sec. 3. For a failure or neglect on the part of any board of directors 
of any independent district, or of any district township to carry out the 
provisions of this act, any member of such board shall be fined, on con- 
viction, not exceeding twenty-five dollars, any person violating the pro- 
visions of this act shall, on conviction thereof, be fined not exceeding 
twenty-five dollars. 



42 SCHOOL LAWS OF IOWA. 

Chapter 1, Laws of 1886. 

teaching and study of effects of alcohol and stimulants upon the 

human system. 

Section 1. Physiology and hyj^iene, which must in each division of 
the subject thereof include special reference to the effects of alcoholic 
drinks, stimulants and narcotics upon the human sj^stem, shall be included 
in the branches of study now and hereafter required to be regularly 
taught to and studied by all pupils in common schools and in all normal 
institutes, and normal and industrial schools, and the schools at the 
soldiers' orphans' home and home for indigent children. 

Sec 2. It shall be the duty of all boards of directors of schools and 
of boards of trustees, and of county superintendents in the case of nor- 
mal institutes, to see to the observance of this statute and make pro- 
vision therefor and it is especially enjoined on the county superintendent 
of each county that he include in his report to the superintendent of 
public instruction the manner and extent to which the requirements of 

CHAPTER 1, LAWS OF 1886. 

Section 1. 1. The words regularly taught are construed to mean, as other 
branches are taught. They do not mean that a scholar must necessarily study this 
branch continuously during his entire school life, unless the course of study adopted 
by the board so provides. 

2. This study must begin in the lowest primary class. In what grade or class it 
shall be completed is to be determined by the boai'd. 

3. Primary classes must be instructed orally, as the children are not old enough 
to use or comprehend a book. But this oral instruction must be outlined as a 
course, and adopted by each board. 

4. The portion assigned to each grade or class should be thoroughly mastered 
before more advanced work is entered upon. 

5. The work will be best accomplished with the older scholars by the use of a 
suitable text-book, which it is the duty of every board to select and adopt. 

6. The board may forbid the use of tobacco on the school grounds. 

7. Teachers should be careful to give instruction in accordance with the spirit 
of the law. The law contemplates that the effects upon the system of the user of 
alcoholic drinks, stimulants and narcotics, shall be taught. Many other harmful 
effects, very properly emphasized in public lectures, are not required to be taught 
in the class-room. It is not out of place to emphasize the truth that total abstinence 
is the only sure way to escape the evils arising from the use of alcoholic di'inks 
and tobacco. 

Sec. 2. 1. Boards cannot shift the responsibility by simply providing that 
teachers shall give instruction in this branch, They must see to it that the work 
is actually done by the teachers, as the law requires. 

2. In normal institutes, efficient and earnest instructors should be employed. 
Charts and other appliances should be amply provided. Physicians and scientists 
may be invited to lecture, and teachers should be exhorted to be sincere, fearless, 
and faithful in the discharge of tlieir duty. 



SCHOOL LAWS OF IOWA. 43 

section one of this act are complied with in the schools and institutes 
under his charoje, and the secretary of school boards in cities and towns 
is especially charged with the duty of reporting to the superintendent of 
public instruction as to the observance of said section one hereof, in their 
respective town and city schools, and only such schools and educational 
institutions reporting compliance, as above required, shall receive the 
proportion of school funds or allowance of public money to which they 
would be otherwise entitled. 

Sec. 3. The county superintendent shall not after the 1st day of July^ 
1887, issue a certificate to any person who has not passed a satisfactory 
examination in physiology and hygiene with especial reference to the 
effects of alcoholic drinks, stimulants and narcotics upon the human 
system, and it shall be the duty of the county superintendent as pro- 
vided by section 1Y71, to revoke the certificate of any teacher required 
by law to have a certificate of qualification from the county superintend- 
ent, if the said teacher shall fail or neglect to comply with section one of 
this act, and said teacher shall be disqualified for teaching in any public 
school for one year after such revocation, and shall not be permitted to 
teach without "compliance. 

PRESIDENT, 

Section 1739. (As amended by Chap. 46, Laws of 1882.) The presi- 
dent shall preside at all meetings of the board of directors of independent 
districts and of the district townships, shall draw all drafts on the county 
treasury for money apportioned to his district, sign all orders on the 
treasury, specifying in each order the fund on which it is drawn and the 

3. Every scholar must study physiology and hygiene, including the effects of 
stimulants and narcotics, until the outline upon that branch, as prepared by the 
board, has been completed. 

4. Blanks will be furnished to school pfficers, from time to time, to enable them 
to make the reports required by this chapter. 

Sec. 3. 1. To teach a special branch, a person may receive a certificate for that 
study only, and is not required also to be examined as herein provided for teachers 
in general. 

2. County superintendents should know that every teacher is complying fully 
with this statute, and any teacher failing or refusing to teach as required, should 
not be permitted to continue in the work of teaching. 

Sec. 1739. 1. The president of the board must take the oath of office accord- 
ing to article 11, section 5, of the constitution of Lowa. 

2. There is no provision of law which gives any other member or officer of the 
board the power to administer the oath of office to the president elect. 

3. The president has the I'ight to vote on all questions coming before the board. 
If by such vote a tie is produced, the motion is lost. Sections 1721 and 1802. 

4.' An order on the district treasury may not be signed except by authority of 
the board. Sections 1733 and notes, and notes 4 and 5 to section 1743. 



44 SCHOOL LAWS OF IOWA. 

use for which the money is appropriated, and shall sign all contracts 
made by the board, and shall be empowered to administer the oath of 
office to the secretary, treasurer, and members of the board. 

Sec. 1740. He shall appear in behalf of his district in all suits 
brought by or against the same, but when he is individually a party, this 
duty shall be performed by the secretary; and in all cases where suits 
may be instituted by or against any of the school officers to enforce any 
of the provisions herein contained, counsel may be employed by the 
board of directors. 

SEOKETAEY. 

Section 1741. The secretary shall record all the proceedings of the 
board and district meetings in separate books kept for that purpose; shall 
preserve copies of all reports made to the county superintendent; shall 
file all papers transmitted to him pertaining to the business of the district; 

5. It is an advantage for the secretary to hold the order book, for by this 
means he can better lieep his records, make the transcript to the treasurer of 
orders drawn, and more easily make his final report to the board in September. 

6. The president may not act as secretary or treasurer of the board. 

7. To be valid, an order must express upon its face the fund on which it is 
drawn, and name the purpose for which it was issued. 53 Iowa, 287. 

8. An order of the board cannot be considered as officially transmitted, unless 
signed by the president, as well as by the secretary. 

9. The failure of an officer to attach his official title to his signature, will not 
affect the instrument so far a.A the district is concerned, provided the writing was 
authorized, and made for the district, and this fact can be shown. Iowa Reports, 
7, 509; 11, 82. 

10. Unless the fact that official approval was authorized can be shown, personal 
liability may follow. 59 Iowa, 696. 

11. The president may be compelled by mandamus to give his appx'oval of a 
contract made in accordance with a vote of the board. 56 Iowa, 578. 

12. In the absence of the president, or when he is unwilling to discharge the 
duties of his office, a temporary president may be appointed, who during the 
time he is acting as president, may sign orders and contracts and do all other 
acts proper to be done by the president, but is not authorized to act except when 
the board is in session. 

Sec 1740. 1. The expenses in suits provided for by this section should be 
paid from the contingent fund. 

2. Appeals to the county superintendent orsuperintendent of public instruction, 
are not suits brought by or against the district, nor are they suits brought by or 
against any of the school officers, within the meaning of the law, and no charge 
can be made against the district for attorney fees. 86 Iowa, 411. 

Sec. 1741. 1. It is essential that the record of the proceedings of the board 
and district meetings should be properly kept. Every transaction should be care- 
fully noted, and the proceedings read and approved. 

2. The minutes of a meeting, as recorded at the time by the secretary, must 
be regarded the best evidence as to the understanding the board had of a subject, 
at the time the question was voted upon. S. L. Decisions, 72 and 78. 



SCHOOL LAWS OF IOWA. 45 

shall countersign all drafts and orders drawn by the president, and shall 
keep a register of all orders drawn on the treasury, showing the number 
of the order, date, name of the person in whose favor drawn, the fund 
on which it is drawn, for what purpose and the amount; and shall, from 
time to time, furnish the treasurer with a transcript of the same. 

Sec. 1742. He shall give ten days' previous notice of the district 
township meeting by posting a written notice in five conspicuous places 
therein, one of which shall be at or near the last place of meeting, and 
shall furnish a copy of the same to the teacher of each school in session, 
to be read in the presence of the pupils thereof, and such notice shall, 
in all cases, state the hour of meeting. 

Sec. 1743. He shall keep an accurate account of all the expenses in- 
curred by the district, and shall present the same to the board of direct- 
ors, to be audited and paid as herein provided. 

3. The failure of the secretary to record all the proceedings of the board and 
of the district meetings in separate books, kept for that purpose, will not render 
the proceedings void. 8 Iowa, 298. 

4. Public records are public property, and are open to inspection at proper 
times by any citizen. No public officer may refuse examination of the records; 
but as he is their custodian, and is charged with their safe-keeping, he must keep 
them in his possession. 

5. Every officer having the custody of a public record or writing is bound to 
give any person, on demand, a certified copy thereof on payment of the legal fees 
therefor. Section 3706, Code. 

6. The secretary is the custodian of the order book. He fills out the orders 
which the president afterwai'd signs. 

7. School orders should not be drawn payable on time, nor should any mention 
regarding interest be in the order. 

8. The secretary may not act as president or treasurer of the board. 

9. As the secretary is the clerical officer of the board, and cares for the records 
of the district, we think he should act as librarian unless the board selects some 
other person. 

10. The registry of orders is an important matter. Every order drawn should 
be promptly reported to the district treasurer, as he has no other means of deter- 
mining the amount of outstanding orders, and otherwise cannot comj)ly with 
the law requiring him to make partial payments. Section 1748 and form 20. 

Sec. 1742. The statutory mode of computing time excludes the day on which 
the notice is posted, and includes the day of meeting. Subdivision 23 of section 
45, Code, also 61 Iowa, 303. Form 21. 

Sec. 1743. 1. The secretary is also required by section 1782 to keep an account 
current with the district treasurer. 

2. A large amount of labor devolves upon the secretary. The fidelity and 
promptness with which he attends to his duties make his assistance verj^ valuable 
to the board and the district, and determine, in a large degree, the accuracy and 
completeness of his annual report to the board and to the county superintendent. 

3. If a school officer habitually or wilfully neglects his duty, and the public 
good suffers by such negligence, a court may compel him to attend to the neces- 
sary duties of his office or to resign. 50 Iowa, 648. 



46 SCHOOL LAWS OF IOWA. 

Sec. 1T44. He shall notify the county superintendent when each 
school of the district begins, and its length of term. 

Sec. 1745. (As amended by Chap. 112, Laws of 1876, and Chap. 23, 
Laws of 1882.) Between the fifteenth and twentieth days of September, 
in each year, the secretary of each school district shall file with the 
county superintendent a report of the afl'airs of the district, which shall 
contain the following items: 

1. The number of persons, male and female, each in his district, 
between the ages of five and twenty-one years; 

2. The number of schools, and the branches taught; 

3. The number of pupils, and the average attendance of the same in 
each school; 

4. The number of teachers employed, and the average compensation 
paid per week, distinguishing males from females; 

5. The length of school in days and the average cost of tuition per 
week for each pupil; 

6. The text-books used, and the number of volumes in the district 
library, and the value of apparatus belonging to the district; 

7. The number of school-houses, and their estimated v^ilue; 

4. The secretary, president, and treasurer must conform to the instructions of 
the board as far as those directions are in accordance with law, but they should 
not obey the board when ordered to do an illegal act. 

5. If the board appropriates money to pay the members, other than the secre- 
tary and treasurei-, or for any other illegal purpose, the president and secretary 
should decline to | sign the order, and, if drawn, the treasurer should refuse to 
pay it. 

Sec. 1744. The name of the teacher should be given, and any other informa- 
tion which will aid the county superintendent in planning his work of visitation, 
provided for^in section 1774. 

Sec. 1745. 1. The blanks for the annual report of the secretary are furnished 
by the state, through county superintendents. The secretary should copy the 
report required by this section, in the district records. If the original report is 
filed in his office, it is liable to be destroyed or mislaid, which may prove detri- 
mental to the interests of the district. Form 22. 

2. The law intends that no part of the enumeration shall be taken before the 
first day of September. 

3. In independent districts, it is the duty of the secretary to take the annual 
school enumeration required by the first clause of this section, unless the board 
assigns the duty to another person. In any case proper extra compensation 
should be given for the "w ork required, if the district is a large one. 

4. In districts formed of parts of two or more counties, the secretary should 
make the annual report to the county superintendent of the county in which a 
majority of the children reside. This report should not include those children 
who reside in portions of the district lying in other counties. The remaining 
number of children should be reported by the secretary to the superintendents of 
their respective counties. 

5. Every person between five and twenty-one should be enumerated where he 
resides. A child in one of the charitable or reformatory institutions temporarily. 



SCHOOL LAWS OF IOWA. 47 

8. The name, age, and post office address of each deaf and dumb, 
and each blind person within his district between the ao^es of five and 
twenty-one, including all who are deaf and dumb to such an extent as to 
be unable to obtain an education in the common schools; the number of 
trees set out and in thrifty condition on each school-house grounds. 

Sec. 1746. Should the secretary fail to file his report, as above 
directed, he shall forfeit the sum of twenty-five dollars and shall make 
good all losses resulting from such failure, and suit shall be brought in 
both cases by the district on his official bond. 

TBEASUKEK. 

Section 1747. The treasurer shall hold all moneys belonging to the 
district, and pay out the same on the order of the president, counter- 
signed by the secretary, and shall keep a correct account of all expenses 
and receipts in a book provided for that purpose. 

aud whose parents reside in another part of the state, or in another school dis- 
trict, is a i-esident of the district in which his parents reside, and should be 
enumerated there. If in the institution to remain permanently, having no par- 
ents or guardian, his residence is in the district in which the institution is located, 
and he should be enumerated therein. . 

Sec. 1746. In case a subdirector fails to make his annual report as required by 
section 1755, the secretary should at once collect the statistics necessary for a com- 
plete report. Boards should insist on promptness in sending this report, and 
then should give the secretary a suitable compensation for his labors. Section 
1733. 

Sec. 1747. l. The language of this section is very explicit. It makes the 
treasurer the custodian of all moneys belonging to the district, which effectually 
precludes the idea of dividing the money belonging to any particular fund among 
the subdistricts. S. L. Decisions, 40. 

2. The treasurer may pay out the funds only on the order of the president, 
countersigned by the secretai'y, and the president may not sign an order unless he 
is authorized to do so by the board. Section 1733, and notes to same, also section 
1743, notes 4 and 5. 

3. In making payment, one order may not be given precedence before another. 
40 Iowa, 620. 

4. Neither the electors nor the board may authorize the treasurer to loan 
money belonging to the district. Section 3908, quoted in note 8 below. Note 7 to 
section 1717. 

5. The treasurer is responsible for all moneys coming into his hands by virtue 
■of his office, even if stolen or destroyed by fire. The board has no authority to 
release him, unless he accounts in full for all moneys received by virtue of his 
■office. Iowa Reports, 37, 550; 39, 9; 40, 130. 

6. Having the consent of his bondsmen, the treasurer may deposit the money 
in some safe and secure bank. The treasurer and his bondsmen are as fully 
'responsible as they would be if all the business was transacted by the treasurer in 
person. 

7. When the incumbent of an office is re-elected, he shall qualify as above 
-directed; but when the re-elected officer has had public funds or property in his 



48 • SCHOOL LAWS OF IOWA. 

Sec. 1748. The money collected by district tax for the erection of 
school-houses and for the payment of debts contracted for the same, 
shall be called the school- house fund; that designed for rent, fuel, 
repairs, and all other contingent expenses necessary for keeping the 
schools in operation, the contingent fund; and that received for the pay- 
ment of teachers, the teachers' fund; and the district treasurer shall keep 
with each fund a separate account, and shall pay no order which does 

control, under color of his office, his bond shall not be approved until he has pro- 
duced and fully accounted for such funds and property to the proper person to 
whom he should account therefor; and the officer or board approving the bond 
shall indorse upon the bond, before its approval, the fact that the said officer has 
fully accounted for and produced all funds and property before that time under 
his control as such officer; and when it is ascertained that the incumbent holds 
over another term by reason of the nonelection of a successor, or for the neglect 
or refusal of the successor to qualify, he shall quality anew within a time to be 
fixed by the officer who appi'oves of the bonds of such officers. Section 690, Code. 

8. If any state, county, township, school or municipal officer, or officer of any 
state institution, or other public officer within the state, charged with the col- 
lection, safe-keeping, transfer, or disbursement of public money, fails or refuses 
to keep in any place of deposit that may be provided bylaw for keeping such 
money, until the same is withdrawn therefrom upon warrants issued by the proper 
officer, or deposits such money in any other place than in such safe, or unlawfully 
converts to his own use in any way whatever, or use by way of investment in any 
kind of property, or loan without the authority of law any portion of the public 
money entrusted to him for collection, safe-keeping, transfer, or disbursement, or 
converts to his own use any money that may come into his hands by virtue of his 
office, shall be guilty of embezzlement to the amount of so much of said money 
as is thus taken, converted, invested, used, loaned, or unaccounted for, and upon 
conviction thereof he shall be imprisoned in the penitentiary not exceeding five 
years, and fined in a sum equal to the amount of money embezzled, and, more- 
ovei% is forever after disqualified from holding any office under the laws or con- 
stitution of this state. Section 3908, Code. 

Sec. 1748. 1. Minor improvements, such as the erection of ordinary out-houses, 
fences, and the like, may be paid for from either the contingent or school-house 
fund. 

2. Ordinary repairs should be charged to the contingent fund; but when such 
repairs assume the magnitude of a i-ebuilding, or of an extensive addition, they 
should be charged to the school-house fund. 

3. Any unappropriated school-house fund in the district tx^easury may be used 
for the erection or repair of school-houses, at the discretion of the board, without 
action of the electors. 

4. The cost of seating new school-houses should be paid from the school-house 
fund. The law does not authorize the use of the contingent fund for the erection 
or completion of school-houses, but when a house needs reseating or other repairs, 
the cost may be defrayed either from the contingent fund, or from any unappro- 
priated school-house fund in the treasury. 25 Iowa, 436. 

5. The term, school furniture, as generally used in our state, means school desks, 
table, chairs and such similar articles as are closely related to making the school- 
house more suitable for its use as a school-house; school apparatus has been under- 
stood to include the articles mentioned in section 1729, or such similar articles 



SCHOOL LAWS OF IOWA. 49 

not specify the fund on which it is drawn, and the specific use to which 
it is applied. If he have not sufficient funds in his hands to pay in full 
the warrants drawn on the funds specified, he shall make a partial pay- 
ment thereon, paying as near as may be an equal proportion of each 
warrant. 

Sec. 1749. He shall receive all moneys apportioned to the district 
township by the county auditor, and also all money collected by the 
county treasurer on the district school tax levied for his district. 

Sec. 1750. He shall register all orders on the district treasury 
reported to him by the secretary, showing the number of the order, date,. 
name of the person in whose favor drawn, the fund on which it is 
drawn, for what purpose, and the amount. 

Sec. 1751. (As amended by Chap. 112, Laws of 1876.) He shall 
render a statement of the finances of the district from time to time, as 

as would clearly come under the same designation for use in the schools for the 
purposes of insti'uction. 

6. As the members of the board receive no pay for their services, if boards sub- 
scribe for a copy of any journal containing the official rulings and decisions of 
this department to aid them in their work, they have the right to pay for the same 
from the contingent fund. 

7. Boards have no authority to transfer money from one fund to another, even 
temporarily, unless they are authorized under section 1717, subsection 4, to trans- 
fer school-house fund to either of the other funds. Notes to section 1785. 

8. The teachers' fund should not be divided among the subdistricts, equally, 
according to the number of children,. or upon any other basis. This fund can be 
paid out only to teachers for services performed, vipon orders authorized bj^ the 
board. 

9. The board should grant a compensation to be paid the teacher according to 
the circumstances and requirements of each school. But the regular schools of 
the district should be kept in session an equal number of months. 

10. Chapter 146, laws of 1882, as amended, confers upon all boards the right to 
insure property. This duty should not be neglected. 

Sec. 1750. 1 . It is essential that the treasurer should know the exact amount 
of outstanding orders, and for this reason the secretary is required to . report to 
him all oi"ders drawn on the district treasury. Section 1741, note 10, and form 20. 

2. The register provided for in this section is indispensable to the treasurer, 
under the law requiring him to make partial payments on ordei's when he has 
not funds sufficient to pay them in full. Section 1748. 

3. The treasurer may rightly object to paying an order that is defective in any 
of the particulars named. It is especially essential that the purpose for which 
the order was given shall be written in the order, and also on the stub in the order 
book. 

Sec. 1751. 1. The blanks for the annual report of the treasurer are furnished 
by the state, through county superintendents. The report should be made 
according to form 24. 

2. Treasurer's should take pains to mail a copy of this report at once to the 
county superintendent, as only by timely attention on the part of treasurers, can 
the county superintendent compile and forward his annvial report to the superin- 

4 



50 SCHOOL LAWS OF IOWA. 

may be required by the board of directors, and his books shall always be 
open for inspection . He shall make to the board, on the third Monday 
in September, a full and complete annual report, embracino;: 

1. The amount of teachers' fund held over, received, paid out, and 
on hand. 

2. The amount of contino;ent fund held over, received, paid out, and 
on hand. 

3. The amount of school-house fund held over, received, paid out, 
and on hand. 

He shall immediately file a copy of said report with the county super- 
intendent, and for failure to file said report he shall forfeit the sum of 
twenty-five dollars, to be recovered by suit brought by the district, on his 
oflicial bond. 

SUBDIEECTOR. 

Chapter 20, Laws of 1S92. 

TERM OF OFFICE. 

Section 1. At the regular meeting of the board of directors of district 
townships in September, 1892, the board ol directors shall specify what 
subdistricts, at the subdistrict election following in March, shall elect 
subdirectors for one year, two years, and three years, respectively, mak- 
ing the three classes as nearly equal as possible. 

Sec. 2. After this election in March, all subdirectors shall be elected 
and hold office for a term of three years. 

Sec. 3. All acts or parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

tendent of public instruction, on tlie first Tuesday in October. Sections 1772 and 
1773. 

3. Not even the electors of tiie district may release the treasurer and his bonds- 
men from their absolute liability for all funds. 59 Iowa, 50. 

4. The sureties on an official bond cannot be held after the lapse of three 
years. Section 2529, Code. 

5. In making settlement, the board may submit a difference with the ti'easurer, 
to arbitration. 70 Iowa, 65. 

CHAPTER 20, LAWS OF 1892. 

The requirements of this chapter are very j)laialy expressed. It is believed this 
change in the term of office of subdirectors may be made one of the most beneficial 
features of our school system. It now remains for the people to exercise their 
best judgment in the selection of those who are for a term of years to care for the 
interests and welfare of the district. In each subdistrict the wisest and most com- 
petent person should be elected subdirectoi', and if efficient, should be continued 
in office bv re-election. Note 7 to section 1719. 



SCHOOL LAWS OF IOWA. 51 

Section 1752. (As amended by Chap. 19, Laws of 1892.) Each sub- 
director shall, on or before the third Monday in March following his 
election, appear before some officer qualified to administer oaths, and 
take an oath to support the constitution of the United States, and that 
of the state of Iowa, and that he will faithfully discharge the duties of 
his office, and in case of failure to qualif}^, or the district fails to elect, 
the board shall fill the office by appointment. 

Sec. 1753. The subdirector, under such rules and restrictions as the 
board of directors may prescribe, shall negotiate and make in his sub- 
district all necessary contracts for providing fuel for schools, employing 
teachers, repairing and furnishing school-houses, and for making all 
other provisions necessary for the convenience and prosperity of the 
schools within his subdistrict, and he shall have the control and manage- 

Sec. 1752. 1. Any school director or director elect is authorized to administer 
to a school director elect the official oath required by law, but the secretary can- 
not administer this oath unless he is a member of the board, or is one of the 
many officers empowered by law to administer oaths. 

2. A director elect may take the oath of qualification at any time between the 
day of election and the third Monday in March. 53 Iowa, 687. 

3. In case a director elect fails to qualify by the close of the third Monday in 
March, it becomes the duty of the board as soon after that time as possible, to fill 
•the vacancy by appointment. 

4. If a person is elected as his own successor and fails to qualify on or before 
the third Monday in March, a vacancy exists which is filled by appointment. 

5. A person appointed as a member of the board may be I'equired to qualify 
within a time to be prescribed by the board. Section 786, Code. 

6. All persons appointed to till vacancies in office hold onlj^ until the next 
annual meeting of the electors. Constitution of Iowa, article 11, section 6; also 
-section 785, Code. 

Sec. 1753. 1. The subdirector is clothed with certain general powers by this 
section, but these are to be exercised under the direction of the board. The 
board may restrict him, for example, as to when he shall employ teachers, for how 
long a time, at what compensation, and even whom he shall not employ, the 
extent of repairs, and prices paid for same, and the amount and cost of fuel. 35 
Iowa, 361 and 40 Iowa, 869. Note to section 1737. Form 25. 

2. School officers are possessed of specially defined powers and should attempt 
to exercise no others, except such as arise by fair imialication from those granted. 

3. When a teacher or other person is about to enter into a contract with a sub- 
director, he knows that he is dealing with a public agent whose powers are subject 
to regulation and restriction by the board; he is bound to know what these rules 
and restrictions are and should be governed accordingly. 35 Iowa, 361. 

4. The district township is bound by the contract of a subdirector, when made 
accoi'ding to instructions by the board. 35 Iowa, 361. 

5. The president may be compelled by mandamus to give his approval of a 
contract made in accordance with a vote of the board. Note 11 to section 1739. , 

6. The board should fix the wages to be paid in each subdistrict at such a figure 
as will enable each subdirector to secure a teacher qualified to govern and instruct 
his school. Note 4 to section 1737. 



52 SCHOOL LAWS OF IOWA. 

ment of the school-house unless otherwise ordered by a vote of the dis- 
trict township meeting. All contracts made in conformity with the 
provisions of this section shall be approved by the president and reported 
to the board of directors, and said board, in their corporate capacity, 
shall be responsible for the performance of the same on the part of the 
district township. 

7. It is the duty of our school authorities to provide for schools having non- 
English speaking scholars, the best instructors available, in order that all the 
children may acquire rapidly a correct use of English, and become acquainted, as 
soon as possible, with the spirit and genius of our American institutions. 

8. The board may pass a resolution that teachers shall receive their pay 
monthly, upon the certificate of the subdirector, or of a committee of the board, 
that the required time has been taught. Note 11 to section 1757. 

9. Each subdirector has exclusive conti'ol of the school-house in his subdistrict, 
unless the district township meeting has otherwise ordered. 

10. Special powers delegated to the subdirector by the law, as for instance the 
control of the school-house in his own subdistrict, and the right to determine 
whether scholars may attend from or in an adjoining subdistrict, cannot be 
assumed by the board. Sections 1753 and 1795. Note 16 to section 1717. 

11. The subdirector in district townships, or the board in independent districts, 
should require from parties desiring to use the school-house, security for its proper 
use and protection from other injury than natux'al wear. 

13. It is proper to permit the use of school-houses for the purpose of public 
worship on Sunday, or for religious services, public lectures on moral or scientific 
subjects, or meetings on questions of public interest, on the evenings of the week, 
or at any time when such use will not interfere with the regular progress of the 
school. 35 Iowa, 194. 

13. It is not in accordance with the meaning of the law and the decisions of the 
courts to allow a school-house to be used for a purpose requiring an admission 
fee. This does not prevent a contribution being taken, but we think free admis- 
sion should not be denied. 

14. It is believed that no discrimination should be n:iade as to who may attend 
meetings held in a school-house. To make membership in a particular society a 
test for attendance upon the meeting would seem to be in conflict with the inten- 
tion of the law. 

15. The use of a public school building for Sabbath-schools, religious m.eetings> 
debating clubs, temperance meetings, and the like, is proper. Especially is this 
so where abundant proA'ision is made for securing any damages which the tax- 
payer may suffer by reason of the use for the purposes named. The use of a school- 
house for such purposes, when so authorized, is not px'ohibited by section 3, article 
1, of the constitution. 50 Iowa, 11. 

16. In all cases where it is ijracticable, in precincts outside of cities and towns, 
the elections shall be held in the public school building, for the use of which there 
shall be no charge. But all damage to the building or furniture shall be a just 
claim against the county. Part of section 20, chapter 33, laws of 1892. 

17. If any person willfully write, make marks or draw characters on the walls 
or any other part of any church, college, academy, school-house, court-house or 
other public building, or willfully injure, or deface the same, or any wall or fence 
enclosing the same, he shall be punished by fine not exceedijag one hundred dol- 
lars, or by imprisonment in the county jail not more than thirty days-. Section* 
3986, Code. 



SCHOOL LAWS OF IOWA. 5:3 

Sec. 1754. He shall, between the first and tenth days of September 
of each year, prepare a list of the names of the heads of families in his 
subdistrict, together with the number of children between the asjes of 
five and twenty-one years, distinguishing males from females, and shall 
record the same in a book kept for that purnose. 

Sec. 1755. He shall, between the .tenth and fifteenth days of Sep- 
tember of each year, report to the secretary of the district township, the 
number of persons in his subdistrict between the ages of five and twenty- 
one years, distinguishing males from females. 

Sec. 1756. He shall have power, with the concurrence of the presi- 
dent of the board of directors, to dismiss any pupil from the schools in 
his subdistrict for gross immorality, or for persistent violation of the 
regulations of the schools, and to re-admit them, if he deems proper so 
to do; and shall visit the schools in his subdistrict at least twice during 
each term of said school. 

18. If any person or persons unlawfully or willfully disturb or interrupt any 
school, school meeting, teachers' institute, lyceum, literary society, or any other 
lawful assembly of persons being in the peace of the state, such person or persons 
shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be 
punished by tine not exceeding one hundred dollars, or by imprisonment in the 
county jail not exceeding thirty days. Section 4023, Code. 

Sec. 1754. 1. The number of persons of school age can be obtained only by a 
careful and conscientious census. It includes all persons between five and twenty- 
one years having a residence within the district, even if married. 

2. The record book correctly filled out will be of much assistance to the sub- 
director each year. Form 26. 

3. The actual truth as to the number of school age is what is sought. Anything 
•else disturbs the equality vi^hich by right exists, and prevents all from receiving 
<8xact justice in the apportionments. 

4. Children at a state institution, or a private school, should not be enumerated, 
unless they actually reside in the subdistrict. Note 5 to section 1745. 

Sec. 1755. 1. The failure of subdirectors to make their reports, as required by 
this section, will reduce the semi-annual apportionments for the year, since they 
are made upon the enumeration of pei'sous of school age. 

2. In district townships the secretary should require every subdirector to make 
this report, and should insist that it be made in writing, and certified to be correct. 

3. Each district deserves credit for every one of proper age, but is entitled to 
no more. It is obvious that a guess or estimate regai'ding even a single individual 
is. to be avoided. 

4. A willful neglect on the part of the subdirector to make the report to the 
secretary as required, may be found by the courts to be a misdemeanor. Section 
3965, Code. 

Sec. 1756. 1. The notes to section 1735 apply with equal force to this section, 
and the same v^^eight should be given them as though repeated here in full. 

2. A careful investigation of the charges against the scholar should be made 
before he is dismissed. 

3. The action of the subdirector and president in dismissing a scholar should 
z;emain in force for the term only. 



54 SCHOOL LAWS OF IOWA. 

TEACHERS. 

Section 1757. (As amended by Chap. 60, Laws of 1888.) All con- 
tracts with teachers shall be in writing, specifying the length of time the 
school is to be taught, in weeks, the compensation per week, or per 
month of four weeks, and such other matters as may be agreed upon; 
and shall be signed by the subdirector or secretary and teacher, and be 
approved by and filed with the president before the teacher enters upon 

Sec. 1757. 1. All contracts made by the subdirector must be approved by the 
president and reported to the board. 

2. The subdirector or secretary should require the teacher to produce the cer- 
tificate, which he should carefully examine before signing the conti^act. 

3. In district townships the subdirector, in independent districts the secretary 
represents the distinct in signing this contract. 

4. All matters agreed upon should be incorporated into the written contract. 
The tendency of our courts is to presume that the written contract embraces the 
entire agreement of the parties. 53 Iowa, 130. 

5. Without special mention in the teacher's contract, it is undei'stood that only 
the common branches and those included in the course of study for the school, 
are expected to be taught. 

6. If a subdirector desires to teach the school in his own subdistrict, he should 
resign and conti'act with the new subdirector appointed by the board. 

7. It is the duty of the subdirector or secretary to file the teacher's contract afe 
once with the pi-esident of the board, and secui-e his approval. The copy to be 
filed with the secretaix and a copy to be retained by the teacher if desired, 
should also be appi'oved at the same time. 

8. The approval of the teacher's contract by the president is a mandatory act,, 
which he cannot refuse to perform, unless the contract is drawn at variance with 
instructions from the bo.ard, or otherwise violates law. 56 Iowa, 573. 

9. The board, for what seem good reasons, may order a short vacation. But 
the term included in the contract cannot be shortened, without the consent of 
both parties. 

10. It is lawful for a board to give teachers holidays and not deduct pay, and' 
quite usual. The teacher, however, may not claim it as a right. 

11. The board may authorize the president and secretary to draw orders to pay 
teachers' salaries at the end of each school month, upon proper evidence that the 
service has been performed. Note 8 to section 1753. 

12. If a teacher is at the school-house at the proper time, and remains during 
school hours, he is entitled to pay therefor, according to his contract, whether 
scholars are present or not. 

13. As a rule it is highly undesirable to close a school on account of an epidemic = 
But if the local board of health, or the board of directors, closes a school on 
account of the presence of a contagious disease, or for like reason, the teacher is 
entitled to pay upon his contract. 

14. When a school is closed for a short time, for causes beyond the control of 
the teacher, the courts will be likely to hold that the teacher is entitled to his pay 
according to the terms of his contract. Such cases are best settled by compromise 
between the parties. 

15. If the school-house is destroyed, or the school is closed indefinitely by causes 
beyond the control of either party to the contract, the teacher being ready to 
comply with his part, can collect pay according to contract. If said teacher uses 



SCHOOL LAWS OF IOWA. 55 

the discharge of his duties, and a copy of all such contracts shall also be 
filed with the secretary of the board by the subdirector, before the 
teacher enters upon the discharge of his duties. 

Sec. 1758. No person shall be employed to teach a common school 
which is to receive its distributive share of the school fund unless he 
shall have a certificate of qualification signed by the county superin- 
tendent of the county in which the school is situated, or by some other 
ofiicer duly authorized bylaw; and any teacher who commences teaching 
without such certificate shall forfeit all claim to compensation for the 
time during which he teaches without such certificate. 

proper diligence to secure employment at something which he can do, and secures 
such employment, the district will pay him the difference between the amount 
received in his new work and the amount of his wages under the contract. lu 
other words, his actual loss should be made good. 

16. Section 2976, Code, provides that a municipal or political corpox'ation shall 
not be garnished. However, the corporation may waive exemption from this 
process. 25 Iowa, 315. 

Sec. 1758. 1. The only legal certificates, besides those given by county super- 
intendents, are the perpetual state certificates, issued by the educational board of 
examiners, prior to September, 1873, when said board was abolished; and state 
certificates and diplomas given as provided by chapter 167, laws of 1882, amended 
by chapter 22, laws of 1890. 

2. The law requires every holder of a state diploma or state certiJicate to have 
the same registered in the office of the county superintendent, before commencing 
to teach in such county. No fee is required. The superintendent should insist on 
seeing the document itself and should make his record from such inspection. 

3. The teacher must have a certificate during the whole term of school. He is 
not authorized to teach a single day beyond the period named in his certificate. 

4. A teacher's contract is sometimes binding though irregular in some respect. 
A board should not have the benefit of the services of a teacher without remuner- 
ating him. In some cases the board may be held personally liable to pay the 
teacher. 

5. In an Illinois case a certificate was not obtained until the middle of the term. 
A new contract was entered into at that time to pay the teacher double wages for 
the remainder of the term. This was considered an attempt to do indirectly what 
there was no power to do directly, and therefore the contract was held to be 
void, as was the original contract. 

. 6. In case of the temporally absence of the teacher, from sickness or other cause, 
the place should be supplied with some one duly authorized to teach, selected bj' 
the subdirector. The supply should be paid by the teacher whose place is filled. 

7. In case a person is employed or continued as a teacher in violation of law 
without a certificate, a resident of the district may sue out a writ of injunction 
restraining the person from teaching and the district from paying. Such a writ 
cannot be served at the instance of the county supeinntendent. 17 Iowa, 328. 
Boards employing and paying such teachers are liable to pi'osecution under the 
provisions of the general statutes for misapplication of funds. Sections 8965, 3966 
and 3967, Code. 



56 SCHOOL LAWS OF IOWA. 

Sec. 1759. The teacher shall keep a correct daily register of the 
school, which shall exhibit the number or other designation thereof, 
township and county in which the school is kept; the day of the week, 
the month and year; the name, age, and attendance of each pupil, and 
the branches taught. When scholars reside in different districts a register 
shall be kept for each district. 

Sec. 1Y60. The teacher shall, immediately after the close of his 
school, file in the office of the secretary of the board of directors, a cer- 
tified copy of the register aforesaid. 

GENERAL PROVISIONS. 

Section 1761. A school month shall consist of four weeks of five 
school days each. 

Sec. 1759. 1. The teacher may be held responsible for the efficient dischai"ge 
of every duty x^roperly attached to his office, including the exercise of due dili- 
gence in the oversight and preservation of school buildings, grounds, furniture, 
apparatus, and other school property, as well as the more prominent work of 
instruction and government. 

2. Parties doing damage to school property are responsible for the same. The 
teacher is bound to exercise reasonable care to protect and preserve school prop- 
erty, and failing to do so may be held liable for damages. 

3. Making tires and sweeping the school room are not, properly, a part of the 
teacher's duties. In rural districts teachers^ frequently perform this labor as a 
matter of convenience and economy. Those unwilling to do this work, or who 
expect to receive pay for it, should so stipulate with the subdirector when enter- 
ing into the contract to teach. Note 4 to section 1775. S. L. Decisions, 76. 

4. Every teacher should take great pains to keep the register required by this 
section very carefully, in order that the term report required by the next section 
may be made out correctly. By doing so the secretary will be able to make his 
annual report with greater ease, and with added accuracy. Form 27. 

Sec. 1760. The board may authorize the president and the secretary to draw 
warrants for the payment of teachers' salaries at the end of each school month, 
upon proper evidence that the service has been performed, but the order for 
wages for the last month should not be drawn, until the report required by this 
section is filed in the office of the secretary. Without this register he cannot pre- 
pare his annual report as the law directs it to be made. The secretary should 
carefully examine the register to see whether the record is complete in all respects. 
Form 28. 

Sec. 1761. 1. There are no holidays during which teachers are exempted by 
the law from teaching, unless excused by the board. A legal contract requires 
twenty days of actual service for a month. 

2. In this state, by common consent and universal custom, New Year's, 
Memorial Day, Fourth of July, Christmas, and any day recommended by the 
governor or the president as a day of thanksgiving, are observed as general 
holidays. 

3. It is the commendable custom with very many boards, to allow teachers and 
scholars the so-called holidays, and to pay the teachers as if those days had beea 
taught. 



SCHOOL LAWS OF IOWA. 57 

Sec. 1762. During the time of holding a teachers' institute in any 
county, any school that may be in session in such county shall be closed; 
and all teachers, and persons desiring a teacher's certificate, shall attend 
such institute, or present to the county superintendent satisfactory 
reasons for not so attending, before receiving such certificate. 

iSeo. 1763, The electors of any school district at any legally called 
school meeting, may, by a vote of a majority of the electors present, 
direct the German or other language to be taught as a branch in one or 
more of the schools of said district, to the scholars attending the same 
whose parents or guardians may so desire; and thereupon such board of 
directors shall provide that the same be done; provided that all other 
branches taught in said school or schools shall be taught in the English 
language; provided further that the person employed in teaching the 
said branches shall satisfy the county superintendent of his ability and 
qualifications, and receive from him a certificate to that effect. 

Sec. 1761. The Bible shall not be excluded from any school or insti- 
tution in this state, nor shall any pupil be required to read it contrary to 
the wishes of his parent or guardian. 

4. There is no provision of law giving teachers time to visit other schools. 
Boards often grant teachers this privilege, under proper restrictions. 

5. Custom fixes the maximum length of the schcl day at six hours. The 
board may shorten this time somewhat, if thought best. 

6. By consent of the board, an occasional Saturday may be taught. But as 
five days are a school week, the practice is not to be commended. 

Sec. 1762. It may be questioned whether the provisions of this section apply 
to the present normal institutes, held under section 1769. 

Sec. 1763. 1. The electors may not limit or restrict the boai'd to the adoption 
of a course of study includiag only such branches as the electors may name. 
Nor may the electoi's direct that a particular branch, or certain studies, shall not 
be taught. It is the province of the board to decide what branches besides those 
in a teacher's examination and those named by the electors, shall be included in 
the course of study and taught in the schools of their district. Note 9 to section 1717. 

2. A teacher who instructs in any of the languages refei-red to, in addition to 
other work as teacher, must have the certificate required by this section, additional 
to the one demanded bj^ the first part of section 1766, but a teacher who teaches 
only oue or more of the languages referred to above, or any other special branch, 
may be required to have a certificate for such branch, as provided by the last part 
of section 1766, and need not have the other certificate, unless desired. 

Sec. 1764. 1. Our common schools are maintained at public expense, and the 
law contemplates that they shall be equally free to persons of every faith. A very 
suitable devotional exercise consists in the teacher reading a portion of Scripture 
without comment, and the repetition of the Lord's Prayer. 

2. Neither the board nor the electors may direct the teacher to follow a given 
course in respect to the reading of the Bible in school. Each teacher will be guided 
by his own good judgment, and the wishes of his patrons may properly have 
weight in aiding him to determine his action. 

3. While moral instruction should be given in every school, neither this section 
nor the spirit of our constitution and laws will permit a teacher or board to enforce 



58 SCHOOL LAWS OF IOWA. 

Chapter 167, Laws of 1832. 
[As amended by Chapter 22, Laws of 1890.] 

CEEATING A STATE BOARD OF EXAMINEES. 

Section 1. The superintendent of public instruction, the president of 
tiie state university, the principal of the. state normal school, and two 
persons, to be appointed by the executive council, one of whom shall be 
a woman, for terms of four years; provided that of the two first appointed, 
one shall be for two years; and provided further that no one shall be hi& 
own successor in said appointments; are hereby constituted a state board 
of examiners, with the superintendent of public instruction as ex officio^ 
its president. 

Sec. 2. The board shall meet at such times and places as its 
president shall direct, for transaction of business, and shall hold 
annually, at least two public examinations of teachers, at each of 
which examinations one member of the board shall preside, assisted by 
such well qualified teachers, not to exceed two in number, as the board 
of examiners may elect. Said board may adopt such rules, not incon- 
sistent herewith, and with the statutes of Iowa, as they may deem proper; 
and said board shall keep a full record of their proceedings, and a com- 
plete register of all persons to whom certificates and diplomas are issued. 

a regulation in regard to religious exercises, which will wound the conscience of 
any, and no scholar can be required to conform to any particular mode of 
worship. 64 Iowa, 367. 

4. Moral instruction tending to impress upon the minds of pupils the impor- 
tance of truthfulness, temperance, purity, public spirit, patriotism, and respect 
for honest labor, obedience to parents and due deference for old age, shall be given, 
by every teacher in the public schools. School Laws of North Dakota, 1891. 

.5. The law intends that the public schools of the state shall be absolutely free 
from any sectarian or denominational bias. The teaching of any peculiar relig- 
ious doctrine or creed, or the use of any book prepared for the purpose of incul- 
cating such doctrine or creed, is strictly forbidden by the spirit of our law, and 
cannot be justified or allowed in any case. 

6. If a teacher gives religious instruction or teaches in the interest of any 
church or denomination, the board may be prevented from continuing or sanc- 
tioning such instruction, by injunction from the courts, and having ordei'ed or 
countenanced this instruction may be prevented in the same manner from paying: 
such teacher from the public school funds. 

7. The diversion of the school fund in any form or to any extent for the sup- 
port of sectarian or private schools is inadmissible and clearly in violation of our 
laws. 59 Iowa, 70. 

8. Public money shall not be appropriated, given or loaned by the coi-porate 
authorities, supervisors, or trustees of any county, township, city or town, or 
municipal organization of this state, to, or in favor of, any institution, school, 
association, or object, which is under ecclesiastical or sectarian management or 
control. Section 552, Code. 



SCHOOL LAWS OF IOWA. 59 

Sec. 3. Said board shall have power to issue state certificates and 
state diplomas to such teachers as are found, upon examination, to possess 
good moral character, thorough scholarship, clear and comprehensive 
knowledge of didactics, and successful experience in teaching. They 
shall also have power to issue state certificates and state diplomas to 
such graduates of any Iowa state normal school, as are shown to possess 
good moral character, the certificate to be issued when the graduate is 
proved to have had thirty-six weeks' successful experience in teaching, 
and the diploma when five years' such experience is shown. 

Sec. 4. Candidates for state certificates shall be examined upon the 
following branches: Orthography, reading, writing, arithmetic, geogra- 
phy, English grammar, bookkeeping, physiology, history of the United 
States, algebra, botany, natural philosophy, drawing, civil government, 
constitution and laws of Iowa, and didactics; and candidates for state 
diplomas shall pass examination upon all blanches required by candi- 
dates for state certificates, and in addition thereto in geometry, trigo- 
nometry, chemistry, zoology, geology, astronomy, 'political economy, 
rhetoric, English literature, and general history, and such other branches 
as the board of examiners may require. 

Sec. 5. A state certificate shall authorize the person, to whom it is 
issued, to teach in any public school of the state for the term of five 
years from the date of its issue, and a state diploma shall be valid for 
the life of the person to whom it is issued; provided that any state cer- 
tificate, and any state diploma, may be revoked by the board of exam- 
iners for any cause of disqualification, on well-founded complaint entered 
by any county superintendent of schools. 

Sec. 6. The fee for each state certificate shall be three dollars, and 
for each state diploma five dollars, which fee shall be paid before exam- 
ination to such person as the board of examiners may designate from 
their own number, and the same shall be paid into the state treasury 
when so collected; provided that if such applicant shall fail in said 
examination, one-half of the fee shall be returned. 

Sec. 7. Every holder of a state certificate, or of a state diploma, 
shall have the same registered, by the county superintendent of schools 
of the count}^ in which he wishes to teach, before entering upon his 
work, and each county superintendent of schools is required to include 
in his annual report to the superintendent of public instruction, a full 
account of the registration of state certificates and diplomas. 

CHAPTER 167, LAWS OF 1882. 

Section 7. 1. No fee is required for the registration referred to, but it is 
essential that such record be made before the person commences to teach. 

2. Holders of state certificates or diplomas are not exempt from reporting to 
the county superintendent, or complying in every respect vpith requirements made 
of other teachers, except as to examination for certificates. 



■^0 SCHOOL LAWS OF IOWA. 

Sec. 8. Each member of the state educational board of examiners, 
and each person appointed by said board to assist in conducting exam- 
inations, as provided for in section 2 of this act, shall be entitled to 
receive, for the time actually employed in such service, his necessary 
expenses. And provided further that each member of said board, not a 
salaried officer, shall, in addition to his necessary expenses, receive the 
sum of three dollars per day, he or she is actually employed in said 
examination, which amounts shall be certified by the superintendent of 
public instruction; and the auditor of state is hereby authorized to audit 
^nd draw his warrant for the same upon the treasurer of state, provided 
the aggregate amount for any one year shall not exceed three hundred 
dollars. 

Sec. 9. The board of examiners shall keep a detailed and accurate 
account of all moneys received and expended by them, which, with a list 
of the names of persons receiving certificates and diplomas, shall be 
published by the superintendent of public instruction in his annual 
-report. 

county superintendent. 

Chaptek 136, Laws of 1876. 

women eligible to school offices. 

Section 1. No person shall be deemed ineligible, by reason of sex, 
to any school office in the state of Iowa. 

Sec. 3. No person who may have been or shall be elected or 
appointed to the office of count}^ superintendent of common schools or 
.school director in the state of Iowa, shall be deprived of office by reason 
of sex. 

Section 1765. The county superintendent shall not hold any office 
in, or be a member of the board of directors of a district township or 
independent district, or of the board of supervisors during the time of 
his incumbency. 

Sec. 1766. (As amended by Chap. 143, Laws of 1878.) On the last 
Saturday of each month, the county superintendent shall meet all per- 
sons desirous of passing an examination, and for the transaction of other 
business within his jurisdiction, in some suitable room provided for that 
purpose by the board of supervisors at the county seat, at which time he 
shall examine all such applicants for examination as to their competency 

Sec. 1766. 1. This is a most important and difficult labor. Written examina- 
tions affoi'd a good test of scholarship, and furnish the basis of a permanent 
record. The examination should be thorough, to determine the attainments of 
the apf)licant in the branches he is expected to teach. 

2. Applications made at other times should be rejected, unless good reasons are 
:given for not attending the regular examinations. The interests of the schools do 



SCHOOL LAWS OF IOWA. el- 

and ability to teach orthography, reading, writing, arithmetic, geogra- 
phy, Enghsh grammar, physiology, and history of the United States;- 
and in making such examination, he may, at his option, call to his aid 
one or more assistants. Teachers exclusively teaching music, drawing, 
penmanship, book-keeping, German or other language, shall not be 
required to be examined except in reference to such special branch, and" 
in such cases it shall not be lawful to employ them to teach any branch 
except such as they shall be examined upon and which shall be stated in- 
the certificate. 

Sec. 1767. If the examination is satisfactory, and the superintendent 
is satisfied that the respective applicants possess a good moral character, 

not require frequent or individual examinations, and the time of tiie superin- 
tendent can be more profitably employed in the performance of other duties. 4!>> 
Iowa, 245. 

3. We think the ability to teach the different branches may be best determined 
by actual observation of the teacher's work in his school. A searching and skill- 
fully conducted oral examination in metliods will test the applicant's ability to 
instruct. 

4. If it is desired that branches additional to those included in the general cer- 
tificate shall be taught, such fact should be mentioned as a part of the contract, 
and the teacher is required to have the certificate for such additional branch or- 
branches, befoi'e beginning to teach. 

5. It is the intention of the law that the study of physiology and hygiene with 
special reference to the effects of alcoholic drinks, stimulants and narcotics, shall 
have equal rank and be considered of the same importance as other branches of 
study. 

6. The examination papers of applicants are for the information of the county 
superintendent alone, and are not public records. Note 2 to section 1768. 

Sec. 1767. 1. County superintendents should remember that they are to> 
inquire, not only into the literary qualifications of the applicant, but they must 
also certify that they are satisfied that the applicant possesses a good mioral 
character, and the essential qualifications for governing and instructing children 
and youth. Form 29. 

2. Scholarship, good moral character, ability to govern, aptness to teach, our 
law requires all these qualifications in those to whom are intrusted the highest 
interests of the state, the education of its youth. 

3. Applicants may be required to present such evidences of good moral char- 
acter as the county superintendent shall demand. The superintendent should be 
fully satisfied in every particular mentioned in the law, before issuing the certifi- 
cate. S. L. Decisions, 115. 

4. The county superintendent is sole judge of the manner and extent of the- 
examination he will require of applicants for certificates to teach in his county 
52 Iowa, 111. 

5. It is usually desirable that some of the work of every applicant shall be- 
filed with the county su]Derintendent, as a record which will serve to prove for the- 
candidate, that he received his certificate upon merit. 

6. The renewal or indorsement of certificates is not provided for by law. 

7. By section 1769, the county superintendent is made responsible to the insti- 
tute fund for one dollar from every applicant examined. 



^2 SCHOOL LAWS OF IOWA. 

and the essential qualifications for governing and instructing children 
and youth, he shall give them a certificate to that effect, for a term not 
exceeding one year. 

Sec. lTfi8. Any school oflicer or other person shall be permitted to 
be present at the examination; and the superintendent shall make a 
record of the name, residence, age, and date of examination of all per- 
sons so examined, distinguishing between those to whom he issued certifi- 
cates and those rejected. 

Sec. 1T69. ( As amended by Chap. 57, Laws of 1874, and Chap. 54, 
Laws of 1878.) The countj^ superintendent shall hold, annually, a nor- 
mal institute for the instruction of teachers and those who may desire to 
teach, and with the concurrence of the superintendent of public instruc- 
tion, procure such assistance as may be necessary to conduct the same, 
at such time as the schools in the county are generally closed. To defray 

8. After ascertaining the general attainments of teachers, inspection of their 
school work should determine largely the grade of certihcate. 

9. The law fixes only the maximum time for which a certificate may be given. 
The minimum is left to the discretion of the county superintendent, but it is desir- 
able in the case of advanced teachers, to make the time as near one year as possible. 

10. The so-called professional certificate was a special form recommended by 
this department for a short time very many yeai-s ago, but it has fallen almost out 
■of use. Since the revival of the state certiticate there has seemed to be still less 
need for the professional certiticate. 

11 . For many years, county supei-iutendents have been limited as to the minimum 
age of those receiving certificates. The restriction has given almost universal 
satisfaction. It is believed that in general, boys under nineteen, and girls under 
seventeen years of age, may not be expected to possess that maturity of mind and 
strength of character needed to manage a school successfully, and to determine 
wisely the many important questions daily demanding an answer from the teacher. 

Sec. 1768. 1. The record required by this section should be carefully made, 
as the items form a part of the county superintendent's annual report to the super- 
intendent of public instruction. 

2. The examination manuscripts of applicants are for the information of the 
county superintendent and do not become a part of the public records of the office. 
Candidates may not demand the privilege of inspecting their markings as a right. 
ISIoteG to section 1766. 

3. A certificate may not be issued upon an examination taken in another 
county. In addition to fux-nishiug any credentials or other written evidence 
which the examiner may require, the applicant must appear in person. 

4. The examination may be taken in parts, at different times, and may be con- 
tinued until the record is made closing the examination. 

Sec. 1769. 1. The normal institute must be held at a time when the public 
schools are generally closed. 

2. County superintendents will determine the time and j)lace, and suggest 
names of conductor and instructors for approval, making application to the 
superintendent of public instruction according to form 32, at lease thirty days 
before the institute is to commence. This application and the appointment are 
necessary to secure the state appropriation. 



SCHOOL LAWS OF IOWA. 63 

the expenses of said institute, be shall require the payment of a registra- 
tion fee of one dollar from each person attending the normal institute, 
and shall also require the payment, in all cases, of one dollar from 
every applicant for a certificate. He shall, monthly, and at the close of 
each institute, transmit to the county treasurer, all moneys so received, 
including the state appropriation for institutes, to be designated the in- 
stitute fund; together with a report of the name of each person so contrib- 
uting, and the amount. The board of supervisors may appropriate such 
additional sum as may by them be deemed necessary for the further 
support of such institute. All disbursements of the institute fund shall 
be upon the order of the county superintendent; and no order shall 
be drawn except for bills presented to the county superintendent, and 
approved by him, for services rendered or expenses incurred in connec- 
tion with the normal institute. 

3. The length of time clnriug which the normal institute shall remain in session 
is left to the discretion of the county superintendent. This will depend largely 
upon the amount of the institute fund. It cannot remain in session less than one 
week of six days. Section 1584. 

I. Young and inexperienced teachers will not expect to receive certiticates, 
unless of the lowest grade, without regularly attending the normal institute. By 
means of the large fund and the length of time this institute may remain in ses- 
sion, it can, if the proper means are employed, be rendered invaluable to teachers. 
The benefits which they will receive should secure their voluntary and general 
attendance. 

0. A conductor of successful experience in institute work, able to give plain, 
practical instruction in methods of school organization, govei'nment and teaching, 
should be secured early. The other insti'uctoi's should be superior teachers of 
recent experience, and, where practicable, one or more lady teachers should be 
employed. 

6. County superintendents should have sufficient evidence of the abilities of 
their instructors before employing them. In all cases where strangers are 
employed, references should be required, and inquiries made at the state depart- 
ment will frequently secure the proper knowledge. 

7. The superintendent should be director, assuming the genei'al oversight and 
direction of the institute, but should not act as conductor. He is entitled to his 
per diem for any service in connection with the institute, as for other official 
duties, but receives no part of the institute fund. 

8. These normal institutes are short training schools, their object is to reach 
and correct the greatest defects found in the schools. The superintendent in visit- 
ing schools should seek to discover the most prominent defects and wants in the 
methods of instruction. The normal institute will afford effective means of 
reaching and correcting these faults. The great object is to instruct teachers how 
to teach children. 

9. The reports and payments to the county treasurer, required by this section, 
should be made on the first day of each month. Forms 30, 31, 33 and 34. 

10. It is the duty of the board of supervisors, at the close of his term of office, 
to settle with the county superintendent, as with other county officers, according 
to the provisions of the law. 



64 SCHOOL LAWS OF IOWA. 

Sec. 1770. If, for any cause, the county superintendent is unable to 
attend to his official duties he shall appoint a deputy to perform them 
in his stead, except visiting schools and trying appeals. 

Sec. 17Y1. The superintendent may revoke the certificate of any 
teacher in the county which was given by the superintendent thereof, 
for any reason which would have justified the withholding thereof when 
the same was given, after an investigation of the facts in the case, of 
which investigation the teacher shall have personal notice, and he shall 
be permitted to be present and make his defense. 

Sec. 1772. On the first Tuesday of October of each year he shall 
make a report to the superintendent of public instruction, containing a 
full abstract of the reports made to him by the respective district secre- 
taries, and such other matters as he shall be directed to report by said super- 
intendent, and as he himself may deem essential in exhibiting the true 
condition of the schools under his charge; and he shall, at the same time, 

Sec. 1770. Both the appointment^and his bond must be approved by the board 
of supervisors before the deputy may enter upon his duties. 

Sec. 1771. 1. The notice should contain an explicit statement of the charges 
against which the teacher is expected to make his defense. Form 35. S. L. 
Decisions, 41 and 84. 

2. Any person aggrieved by an action of the county superintendent- in I'efusing 
to grant a certificate or in revoking the same, may apply to him for a rehearing, 
the proceedings to correspond as nearly as possible to the proceedings in the case 
of an appeal from a board of directors. If any party is aggrieved by the result 
of this investigation, an appeal may be taken therefrom to the superintendent of 
public instruction. 

3. Though an appeal will lie in such cases, the discretion of a county superin- 
tendent in refusing or revoking a teacher's cei'tificate will not be interfered with 
by the superintendent of public instruction, unless it is clearly shown that in such 
act the county superintendent violated law or abused discretion. S. L. Decisions, 
17 and 138. 

Sec. 1772. 1. The blanks for the annual report of the county superintendent 
together with instructions for making the report, are furnished by the superintend- 
ent of public instruction. 

2. The superintendent may test the accuracy of the treasurers' I'eports by con- 
sulting the books of the county treasurer. The amount of the several funds 
reported received from the district tax, also the amount received from the semi- 
annual apportionments, must agree with the county treasurer's receipts for the 
same. 

3. All errors should be corrected. The amounts I'eported on hand in the last 
report from the district treasurer should the following year always be reported 
as the amounts on hand at last report. 

4. The abstract of the enumeration of children in each district should be made 
with special care, and should be complete and accurate, otherwise the county will 
not obtain its just proportion of the income of the permanent school fund. 

5. Should the district secretaries or treasurers fail to make their reports in 
time, the superintendent should take prompt measures to secure them, going after 
them if necessary. 



SCHOOL LAWS OF IOWA. 65 

■file with the county auditor a statement of the number of persons between 
the ages of five and twenty-one years in each school district in his county. 

Sec. 1773. Should he fail to make either of the reports required in 
the last section he shall forfeit to the school fund of his county the sum 
of fifty dollars, and shall, besides, be liable for all damages caused by 
such neglect. 

Sec. 1774. (As amended by Chap. 161, Laws of 1882.) He shall at 
all times conform to the instructions of the superintendent of public 
instruction, as to matters within the jurisdiction of the said superintend- 
ent. He shall serve as the organ of communication between the super- 
intendent and township or district authorities. He shall transmit to the 
townships, districts, or teachers, all blanks, circulars, and other commu- 
nications which are to them directed. He may, at his discretion, visit 
the different schools in his county, and shall, at the request of a majority 
of the directors of a district, visit the school in said district at least once 
during each term. 

Sec 1775. He shall report on the first Tuesday of October of each 
year to the superintendent of the Iowa college for the blind, the name, 
age, residence, and post office address of every person blind to such an 
extent as to be unable to acquire an education in the common schools 
and who resides in the county in which he is superintendent, and also to 
the superintendent of the Iowa institution for the deaf and dumb, the 
name, age, and post oflice address of every deaf and dumb person 
between the ages of five and twenty-one who resides within his county, 
including all such persons as may be deaf to such an extent as to be 
unable to acquire an education in the common schools. 

Sec. 1774. 1. The county attorney is the legal adviser of the different county 
officers. Section 3, chapter 73, laws of 1886. He should be freely consulted on 
questions of law upon which tlie superintendent is in doubt. 

2. The superintendent in his visits should seek to aid, instruct, and inspire 
teachers to the employment of the best methods of teaching, governing, and con- 
ducting their schools, should try to secure the proper classification of scholars, the 
arrangement of courses of study, and the care and protection of school pi'operty. 
He should study to awaken among parents and children a deeper interest in the 
public schools, so as to secure improved attendance, deportment and scholarship, 
and more frequent visits of parents and school officers. A judicious visit from the 
superintendent may often serve to infuse new life into the school. 

3. The county superintendent should carefully observe the condition of the 
school-house and surroundings, note all defects, and notify the subdirector or 
board of the same. 

Sec. 1775. 1. The blanks for these reports are furnished by the superintendents 
of the respective institutions. 

2. It shall be the duty of the county superintendent to report to the superintend- 
ent of the institution for feeble-minded children, on the first day of October of 
each year, the name, age and post office address of every person in his county 
between the ages of five and twenty-one, who by reason of feeble mental and 
5 



66 SCHOOL LAWS OF IOWA. 

Sec. lYYG. (As amended by Chap. 161, Laws of 1882.) The county 
superintendent shall receive from the county treasurer the sum of four 
dollars per day for every day necessarily engaged in the performance of 
official duties, and also the necessary stationery and postage for the use 
of his ofRce, and he shall be entitled to such additional compensation as 
the board of supervisors maj^ allow; provided, that he shall first file a 
sworn statement of the time he has been employed in his official duties, 
with the county auditor. 

TAXES. 

Section 17Y7. The board of directors shall, at their regular meeting 
in March of each year, or at a special meeting convened for that pur- 
pose, between the time designated for such regular meeting and the 
third Monday in May, estimate the amount required for the contingent 
fund, and also such sum as may be required for the teachers' fund, in 
addition to the amount received from the semi-annual apportionment, as 
shown by the notice from the county auditor, to support the schools of 
the district for the time required by law for the current year; and shall 
cause the secretary to certify the same, together with the amount voted 

physical condition is deprived of a reasonable degree of benefit from the common 
schools. He shall also state in said report whether or not such person has ever 
attended school, and how long, if at all, and he shall also give the post office 
address of the pai'ent, guardian, or nearest friend of such person. Section 6, 
chapter 40, laws qf 1883. 

Sec. 1776. 1. The board of supervisors shall furnish the county superintendent 
with an office at the county seat, together with fuel, lights, blanks, books and 
stationery necessary and proper to enable him promptly and properly to discharge 
the duties of his office, but in no case shall such officer be permitted to occupy an 
office also occupied by a practicing attorney. Section 3844, Code. 

2. The board of supervisors may not limit the county superintendent as to the 
number of days he shall give to his work, in order to comply with his oath of 
office. Having filed his sworn statement in the form prescribed by the board, he 
is entitled to Ms per diem for time actually employed. If he has filed a false state- 
ment he may be tried for maladministration in office, as provided for in section 746, 
Code. 

3. It is the intention of the law that each county superintendent shall deter- 
mine the time necessary to be employed in the duties of his office, and the division 
of labor to be made. Of course, specific duties are required, such as making cer- 
tain reports at times designated, visiting a school if requested by the board, and 
that he shall conform to instructions from the superintendent of public instruction. 
But in general, he is to decide for himself, as indicated in his oath of office, what 
means will best advance the work in his county. 

Sec. 1777. 1. This section requii'es boai'ds to cei'tify the specific sums neces- 
sary to be raised for teachers' and contingent fund to the board of supervisors, 
whose duty it is to estimate and levy the per centum necessary to raise the amounts 
so certified. Forms 36 and 37. 

2. A tax voted after the third Monday in May is void. This renders it essential 
that boards act promptly and certify taxes within the required time. 73 Iowa, 304. 



SCHOOL LAWS OF IOWA. 67 

for school-house purposes, within five days thereafter to the board of 
supervisors, who shall at the time of levying taxes for county purposes, 
subject to the provisions of section seventeen hundred and eighty of this 
chapter, levy the per centum necessary to raise the sum thus certified 
upon the property of the district township, which shall be collected and 
paid over as are other district taxes. 

Sec. 1778. They shall apportion any tax voted by the district town- 
ship meetiug for school-house fund, among the several subdistricts in 
such a manner as justice and equity may require, taking as the basis of 
such apportionment the respective amounts previously levied upon said 
subdistricts for the use of such fund; provided, that if the electors of one 
or more subdistricts at their last annual meeting shall have voted to raise 
a sum for school-house purposes greater than that granted by the electors 
at their last annual meeting of the district township, they shall esti- 
mate the amount of such excess on such subdistrict or subdistricts, 

3. It is the rule that school-house funds must be voted by the electors. Excep- 
tions, sections 1787, 1804, 1823, and 3049. 

4. It is wholly within the discretion of the board of directors to determine the 
amounts required for the contingent and teachers' funds. 41 Iowa, 153. Any 
vote of the electors with reference to these amounts is only suggestive, and is not 
at all binding. 

5. Section 1780 limits the amount which may be levied in a district township 
for any one year, to fifteen dollars per scholar for teachers' fund and five dollars 
per scholar for contingent fund, but authorizes the levy of seventy-five dollars for 
contingent, and two hundred and seventy dollars for teachers' fund for each sub- 
district, even if the levy thereby exceeds five and fifteen dollars per scholar, for 
these funds. 

6. If the amount of school-house tax voted and certified by the board of 
directors in any year exceeds the limit which the board of supervisors is allowed 
to levy, under the provisions of section 1780, it is the duty of the board of directors 
to certify the amount of the deficiency from year to year until the whole amount 
is levied. 

7. The teachers' and coi?tingent funds are not to be apportioned among the 
subdistricts, but levied uniformly on the taxable property of the district township. 

8. Chapter 67, laws of 1874, authorizes districts formed from territory lying in 
adjoining counties, to vote and certify to the respective boards of supervisors the 
number of mills on the dollar required to raise the necessary school taxes. 

Sec. 1778. 1. All school-house taxes must be voted either by the district or by 
the subaistrict electors. Sections 1717 and 1807. When voted they must in all 
cases be certified to the board of supervisors. S. L. Decisions, 90. 

2. For the purpose of collection, all taxes voted by the district township meet- 
ing must be apportioned among the subdistricts of the township. The basis of 
this apportionment is the aggregate number of mills previously levied upon the 
subdistricts of the township for school-house purposes, and the division should be 
made so as gradually to equalize these rates, in order that the school-house tax 
may, ultimately, be uniform throughout the district. Form 37. 

3. The township electors may vote a tax for the erection of a school-house in 
any subdistrict, without previous action of the subdistrict electors. 



68 SCHOOL LAWS OF IOWA. 

and cause the secretary to certify the same within five days there' 
after to the board of supervisors, who shall, at the time of levying 
taxes for county purposes, levy the per centum of such excess on the 
taxable property of the subdistrict asking the same, provided that not 
more than fifteen mills on the dollar shall be levied on the taxable 
property of any subdistrict for any one year for school-house purposes. 

BOARD OF SUPEEVISOES. 

Section 1779. The board of supervisors of each county shall, at the 
time of levying the taxes for county purposes, levy a tax for the sup- 
port of schools within the county, of not less than one mill, nor more 
than three mills on the dollar, on the assessed value of all the real and 
personal property within the county, which shall be collected by the 
county treasurer at the time and in the same manner as state and county 
taxes are collected, except that it shall be receivable only in cash. 

Sec. 1780. They shall also levy at the same time the district school 
tax certified to them from time to time by the respective district secre- 
taries; provided that the amount levied for school-house fund shall not 
exceed ten mills on the dollar, on the property of any district, and the 
amount levied for contingent fund shall not exceed five dollars per pupil, 
and the amount raised for teachers' fund, including the amount received 
from the semi-annual apportionment, shall not exceed fifteen dollars per 

4. If the subdistrict electors vote to raise a sum for school-house purposes, it is 
the duty of the subdirector to certify the same to the district township meeting, 
If this duty is neglected, the board of directors is not authorized to certify the 
tax voted. Forms 5 and 38. 

5. Whatever portion of the sum, properly certified, the district meeting neglects 
or refuses to grant, must be certified and levied directly upon the subdistrict 
voting, in addition to the equitable portion of the whole amount voted by the dis- 
trict township meeting. If the meeting refuses to vote any amount, the whole 
must be certified and levied upon the subdistrict. 69' Iowa, 533. S. L. Decisions^ 
52 and 90. 

6. The tendency of the action of the subdistrict electors in voting school-house 
taxes is to produce unequal rates of taxation for school-house purposes, and othei'- 
wise greatly to complicate the raising of school-house funds; hence, unless the 
necessities of the case absolutely require, such action should not be encouraged. 
All necessary school-house taxes should, as a rule, be voted by the district town- 
ship meeting. Note (c) to form 3. 

Sec. 1780. 1. The first proviso does not apply where a larger tax is required 
to meet the interest on valid outstanding bonds. 69 Iowa, 612. 

2. The second proviso in this section was added for the relief of sparsely settled 
townships, in which five dollars per scholar for contingent fund and fifteen dollars 
per scholar for teachers' fund, is not adequate to maintain schools for the time 
required by law. In such districts these limits may be exceeded, providing that 
not more than $75 contingent fund, and $270, including the semi-annual apportion- 
ment, for teachers' fund, is levied for each subdistrict in the township. 



SCHOOL LAWS OF IOWA. 69 

pupil for each pupil residing in the district, as shown by the last report 
of the county superintendent. And if the amount certified to the board 
of supervisors exceeds this limit, they shall levy only to the amount lim- 
ited; provided that they may levy seventy -five dollars for contingent 
fund, and two hundred and seventy dollars, including the amount 
received from the semi-annual apportionment, for the teachers' fund for 
each subdistrict. 

COUNTY AUDITOR. 

Section 1781. The county auditor shall, on the first Monday in April 
and the fourth Monday in September of each year, apportion the county 
school tax, together with the interest of the permanent school fund to 
which his county is entitled, and all other money in the hands of the 
county treasurer belonging in common to the schools of his county, and 
not included in any previous apportionment, among the several subdis- 
tricts therein, in proportion to the number of persons between five and 
twenty-one years of age, as shown by the report of the county superin- 
tendent, filed with him for the year immediately preceding. 

Sec. 1782. He shall immediately notify the president of each school 
district of the sum to which his district is entitled by said apportionment, 
and shall issue his warrant for the same to accompany said notice, which 
warrant shall be also signed by the president and countersigned by the 
secretary of the district in whose favor the same is drawn; and shall 
authorize the district treasurer to draw the amount due said district from 
the county treasurer; and the secretary shall charge the treasurer of the 
district with all warrants drawn in his favor, and credit him with all war- 
rants drawn on the funds in his hands, keeping separate accounts with 
each fund. 

Sec. 1783. He shall forward to the superintendent of public instruc- 
tion, a certificate of the election or appointment and qualification of the 
county superintendent; and shall, also, on the second Monday in Feb- 

Sec. 1781. The word subdistricts in the sixth and seventh lines of this section, 
evidently means the present district. 

Sec. 1782. This account, properly kept by the secretary, will assist boards in 
their frequent settlements with the treasurer, as required by section 1732. Form 39 . 

Sec. 1783. It is important that the certificate referred to, should be promptly 
forwarded to the supei'intendent of public instruction, otherwise the interests of 
the county may suffer by the transaction of business with persons not duly author- 
ized to act. The certificate should in all cases certify to the qualification, as well 
as the election or appointment of the county supei'intendent; for, although he may 
be properly elected or appointed, yet he cannot be recognized until it is known 
that he has taken the necessary oath of office, and filed the required bond. When- 
ever any change is made by resignation or otherwise, a certificate of the appoint- 
ment and qualification of a successor should be immediately forwarded, i'orms 
40 and 41. 



70 SCHOOL LAWS OF IOWA. 

ruary and August of each year, make out and transmit to the auditor of 
state, in accordance with such form as said auditor may prescribe, a 
report of the interest of the school fund then in the hands of the county 
treasurer, and not included in any previous apportionment, and also the 
amount of said interest remaining unpaid. 

COUNTY TKEASUREK. 

Section 1784, The county treasurer shall, on the first Monday in 
April of each year, pay over to the treasurer of the district, the amount 
of all school district tax which shall have been collected, and shall 
render him a statement of the amount uncollected, and shall pay over 
the amount in his hands quarterly, thereafter. He shall also keep the 
amount of tax levied for school-house purposes, separate in each subdis- 
trict, where such levy has been made directly upon the property of the 
subdistrict making the application, and shall pay over the same, quar- 
terly, to the township treasurer for the benefit of such subdistrict. He 
shall, in all counties wherein independent districts are organized, keep 
a separate account with said independent districts, in which the receipts 
shall be daily entered, which books shall at all times be open to the 
inspection and examination of the district board of directors, and shall 
pay over to the said independent districts the amount of school taxes in 
his possession on the order of the board, on the first day of each and 
every month. 

Sec. 1785. On the first day of each quarter, the county treasurer shall 
give notice to the president of the school board of each township, in his 
county, of the amount collected for each fund; and the president of each 
board shall draw his warrant, countersigned by the secretary, upon the 
county treasurer, for such amount, who shall pay the amount of such 
taxes to the treasurers of the several school boards, only on such war- 
rants. 

MISCELLANEOUS. ' 

Section 1786. (As amended by Chap. 73, Laws of 1886.) All fines 
and penalties collected from a school district oflicer by virtue of any of 

Sec. 1785. 1. The three funds, school-house, teachers' and contingent, must be 
kept separate by the county treasurer, as directed in this section, to enable school 
officers to comply with the law in the discharge of their official duties. Sections 
1739, 1741, 1745, 1748, 1750, and 1782. Form 42. 

2. The division of funds made by the county treasurer should be respected by 
the board, unless the electors direct school-house funds unappropriated transferred 
to other funds. This is the only ti-ansfer provided for by law. Note 14 to section 
1717 and note 7 to section 1748. 

Sec 1786. The sureties on an official bond cannot be held after the lapse of 
three years. Section 2529, Code. 



SCHOOL LAWS OF IOWA, 71 

the provisions of this chapter, shall inure to the benel&t of that particu- 
lar district. Those collected from any member of the board of directors, 
shall belong to the district township, and those collected from county- 
officers, to the county. In the two former cases, suit shall be brought 
in the name of the district township; in the latter, in the name of the 
county and by the county attorney. The amount in each case shall be 
added to the fund next to be applied by the recipient, for the use of 
common schools. 

Sec. 178Y. When a judgment has been obtained against a school 
district, the board of directors shall pay off and satisfy the same from the 
proper fund, by an order on the treasurer; and the district meeting, at 
the time for voting a tax for the payment of other liabilities of the dis- 
trict, shall provide for the payment of such order or orders. 

Sec. 1T88. In case a school district has borrowed money of the 
school fund, the board of supervisors shall levy such tax, not exceeding 
five mills on the dollar in any one year, on the taxable property of the 
district as constituted at the time of making such loan, as may be 
necessary to pay the annual interest on said loan, and the principal, 
when the same falls due, unless the board of supervisors shall see proper 
to extend the time of said loan. 

Sec. 1Y89. (As amended by Chap. 51, Laws of 1888,) No district 
township or subdistrict meeting shall organize earlier than nine o'clock 
A. M., nor adjourn before 12 o'clock m. ; and in all independent districts 
having a population of three hundred and upward, the polls shall remain 
open from twelve o clock m. to seven o'clock p. m. 

Sec. 1790. Any school director, or director elect, is authorized to 
administer to any school director elect, the official oath required by law, 

Sec 1787. An order drawn under this section is not entitled to payment to the 
exclusion of other orders on the school-house fund. 40 Iowa, 620. Note 3 to sec- 
tion 1747. 

Sec. 1789. 1. The object of this section is to prevent a few designing persons 
from meeting at an unusual hour, dispatching the business with unseemly haste, 
and adjourning before many of the electors arrive. The meeting should be con- 
ducted with entire fairness, and an opportunity given for an expression of the 
real sentiment of the district. 

2. In district townships, subdistricts, and in independent districts containing 
less than thi'ee hundred inhabitants, the meeting may be organized at any time 
after 9 o'clock a. m., and before 6 o'clock p. m., and may continue as much more 
than three hours as the circumstances may require. 

3. The law contemplates at least three hours for the election in any case. Iowa 
Reports, 37, 131; 39, 380. Note 2 to section 1718. 

4. Independent districts of 15,000 and upwards are not governed by this section. 
Chapter 8, laws of 1880. 

Sec 1790. 1. When an election is contested, the person elected shall have 
twenty days in which to qualify, after the date of the decision. Section 687, Code. 



72 SCHOOL LAWS 01 IOWA. 

and said official oath may be taken, on or before the third Monday in 
March following the election of directors. 

Sec. 1791. When any school officer is superseded by election or 
otherwise, he shall immediately deliver to his successor in office, all 
books, papers, and moneys pertaining to his office, taking a receipt 
therefor; and every such officer who shall refuse to do so, or who shall 
willfully mutilate or destroy any such books or papers, or any part 
thereof, or shall misapply any moneys entrusted to him by virtue of his 
office, shall be liable to the provisions of the general statutes for the 
punishment of such offense. 

Sec, 1792. Nothing in this chapter shall be so construed as to give 
the board of directors of a district township jurisdiction over any terri- 
tory included within the limits of any independent district. 

attendance. 

Chaptee 166, Laws of 1878. 

TDITION of pauper CHILDKEN. 

Section 1. Section 1381 of the Code is hereby amended by adding at' 
the end of the section: The expense of the poor-house shall include 
such an amount of tuition for the iustruction of the pauper children, as 
the whole number of days' attendance of such pauper children, is to the 
total number of days' attendance in the school at which pauper children 
attend, and such amount shall be paid into the treasury of the district 
where said children attend. 

Section 1793. (As amended by Chap. 61, Laws of 1876, and Chap. 
41, Laws of 1878.) Children residing in one district may attend school 
in another in the same or adjoining county or township, on such terms 
as may be agreed upon by the respective boards of directors; but in case 
no such agreement is made, they may attend school in any such adjoin- 
ing district, with the consent of the county superintendent of the county 
where said pupils reside and the board of directors of said adjoining 

2. The secretary, unless he is a member of the board, or a civil officer qualified 
to administer oaths, cannot administer the oath. Any director or subdirector, 
whether holding over or elected, can administer the oath of qualification. 

3. The decision of a tie vote, as made by chapter 7, laws of 1880, may make it im- 
possible for the person chosen to qualify on the third Monday in March. In such 
case, the board should fix a reasonable time within which the person must qualify. 
The provisions of section 687, Code, may iDcrhaps apply. Sec note 1 above'. 

Sec. 1791. The language of this section includes copies of the school laws, 
school journals, reports, and all other publications which may be received by 
virtue of being a school officer. Sections 3908, 3917, 3918, and 3929, Code. 

Sec. 1793. 1. If scholars reside more than one and one-half miles from a 
school in their own district and nearer to a school in an adjoining district, which 
they desire to attend, application should first be made to both boards of directors; 



SCHOOL LAWS OF IOWA. 73 

district, when they reside nearer the school in said district, and one 
and a half miles or more, by the nearest traveled highwa}^, from any 
school in their own. The board of directors of the township in which 
such children reside, shall be notified in writing and the district 
in which they reside shall pay to the district in which they attend 
school^ the average tuition of said children per week, and an average 
proportion of the contingent expenses of said district where they attend 
school; and in case of refusal so to do, the secretary shall file the account 
for said tuition and contingent expenses, certified to by the president of 
his board, with the county auditor of the county in which said children 
reside, and the said county auditor shall, at the time of making the next 
semi-annual apportionment thereafter, deduct the amount so certified 

if the boards refuse to enter into an agreement, they may attend school in such 
adjoining district with the consent of the board of the district where they desire to 
attend and of the county superintendent of the county in which the children 
reside. 

2. There is no provision of law by which the district may pay the board or 
other expenses of scholars, except tuition and contingent expenses. 

3. In giving or withholding his consent, the county superintendent should con- 
sider all the circumstauces, and when he has concun-ed or refused to concur, the 
matter is concluded for that time, as no appeal will lie. 

4. This section applies also to all districts, whether in the same or in adjoining 
civil townships. 

5. The distance should, in all cases, be computed by the nearest public road. 

6. If scholai's live nearer to a school in their own district, or less than one and 
one-half miles of one, they can attend school in an adjoining district at the expense 
of their own district, only by an agreement of both boards. 

7. In no case may scholars attend school in a district in which they do not 
reside, without the consent of the boai'd thereof. 

8. The notice referred to cannot be said to be oflacially transmitted unless 
signed by both the president and secretary. Payment for attendance can be col- 
lected from the district where the children reside, only from the date of such 
notice. Form 43. 

9. This notice holds only for the term, or such time as the county superintend- 
ent and board name in their written concurrent agreement. 

10. Depositing a letter in a postoffice without further proof that such letter 
reached the party addressed, is not a legal notice as required by section 1793 to 
secure payment of tuition on the part of an adjoining district. 

11. The average proportion of tuition and contingent expenses for any number 
of scholars is found by dividing the amount expended for these purposes in the 
subdistrict where they have attended, by the total attendance in days, and multi- 
plying the quotient by the number of days said scholars have attended. 

12. When scholars attend a graded school, the average tuition should be com- 
puted on the basis of the expense of each pupil in the grade or room in which 
such scholars are placed; ihe average expense of contingent fund may be computed 
as a part of the whole contingent expense of such school. 

13. Any other action than compliance with the absolute and explicit terms of 
the law, will render the collection of tuition difficult and in most cases impossible. 
S. L. Decisions, 77 and 118. 



74 SCHOOL LAWS OF IOWA. 

from the sum apportioned to the district in which said children reside 
and cause it to be paid over to the district in which they have attended 
schooL 

Sec. 1794. Pupils who are actual residents of a district shall be per- 
mitted to attend school in the same, regardless of the time when they 
acquired such residence, whether before or after the enumeration, or of 
the residence of their parents or guardians; but pupils who are sojourn- 
ing temporarily in one district, while their actual residence is in another, 
and to whom the last preceding section is not applicable, may attend 
school upon such terms as the board of directors may deem just and 
equitable. 

Sec. 1795. Pupils may attend school in any subdistrict of the district 
township in which they reside, with the consent of the subdirector of 
such subdistrict, and of the subdirector of the subdistrict in which such 
pupils reside. 

BOUND AKIES. 

Sec. 1796. The board of directors shall, at their regular meeting in 
September, or at any special meeting called thereafter for that purpose, 
divide their township into subdistricts, such as justice, equity, and the 
interests of the people require; and may make such alterations of the 
boundaries of subdistricts heretofore formed, as may be deemed neces- 
sary; and shall designate such subdistricts, and all subsequent alterations, 

Sec. 1794. 1. The residence of the scholar, and not of the parent, determines 
his right to attend schooL The parent may reside in one district, and the child in 
another. If the parent sends him into another district to remain for a limited 
period, he may attend school only on such terms as are prescribed by the board. 
S. L. Decisions, 53 and 130. 

2. In determining whether a person is entitled to attendance free of tuition, the 
board may take any impartial method of deciding the question. 

8. Parties may be required to satisfy the board that their residence is actual, 
before being admitted to free attendance. But the board may not compel any 
person to declare how long he intends to remain a resident of the district. 

4. Any one aggrieved bv the order of the board admitting, or refusing to 
admit, a scholar, has the remedy of appeal. 

Sec. 1795. In order that scholars may attend in another subdistrict in their 
own township, it is necessary to have the consent of both subdirectors. As this 
matter is placed in the hands of the respective subdirectors, the board has no con- 
trol, and the only remedy for refusal is such a redistricting, under section 1796, as 
will better accommodate all parties. 

Sec 1796. 1. While this section provides that boards may change subdistrict 
boundaries at the regular meeting in September, or at a special meeting called for 
that purpose, it must be understood that such change cannot be made so late as to 
prevent the notices of election from being given at least live days previous to the 
subdistrict elections, as required by section 1718. S. L. Decisions, 134. 

2. It requires a vote of a majority of all the members of the board to make any 
change in the boundaries of subdistricts. Section 1738. 



SCHOOL LAWS OF IOWA. 75 

in a distinct and legible manner, upon a plat of the district provided for 
that purpose; and shall cause a written description of the same to be 
recorded in the district records, a copy of which shall be delivered by 
the secretary to the county treasurer, and also to the county auditor, who 
shall record the same in his office; provided that the boundaries of sub- 
districts shall conform to the lines of congressional divisions of land; 
and that the formation and alteration of subdistricts as contemplated in 
this section shall not take effect until the next subdistrict election there- 
after, at which election a subdirector shall be elected for the new sub- 
district. 

Sec. 1797. In cases where, by reason of streams or other natural 
obstacles, any portion of the inhabitants of any school district cannot, 
in the opinion of the county superintendent, with reasonable facility, 
enjoy the advantages of any school in their township, the said county 
superintendent, with the consent of the board of directors of such dis- 
trict as may be affected thereby, may attach such part of said township to 
an adjoining township, and the order therefor shall be transmitted to the 
secretary of each district, and be by him recorded in his records, and the 
proper entry made on his plat of the district. 

3. It is especially important that the county auditor and treasurer be officially 
notified by the district secretary, whenever any changes are made in district 
boundaries, by the formation of independent districts and otherwise, to enable 
these officers to perform their duties in the levies of taxes, and the apportionment 
and disbursement of school funds. 

4. By congressional divisions of land is meant those divisions authorized by 
congress in government surveys, of which the smallest is, in general, one-sixteenth 
of a section, or a tract of forty acres in a square form. Government lines, how- 
ever, sometimes meander along streams and other bodies of water, and divisions 
of land are thus formed of less than forty acres. S. L. Decisions, 80. 

Sec. 1797. 1. This section contains the only provision of law under which a 
subdistrict can be formed from parts of two or moi'e civil townships. The law 
shou.ld be strictly complied with, or the proceedings will be invalid. 

3. Such subdistricts can be formed only by concurrent action of the board 
of the district from which the territory is taken and the county superintendent. 
63 Iowa, 616. 

3. As the county superintendent has oi'iginal concurrent jurisdiction, no ap- 
peal can be taken fi'om the refusal of the board to give consent. From the order 
of the county superintendent an appeal may be taken to determine whether the 
law was fulfilled, but not for the purpose of controlling his discretion in any way, 
if the intent of the law was met. S. L. Decisions, 117. 

4. The natural obstacle must be a large stream unbridged, an impassable 
slough, the entire absence of a public highway, or some such natural insurmount- 
able difficulty. 

5. Streams well bridged and distance are not natural obstacles in the contem- 
plation of the law. 

6. Subdistricts cannot be formed from portions of two counties. 



76 SCHOOL LAWS OF IOWA. 

Sec. 1Y98. (As amended by Chap. Ill, Laws of 1880, and Chap. 
160, Laws of 1882.) In all cases where territory has been, or may 
be, set into an adjoining county or township, or attached to any 
independent school district in any adjoining county or township, 
for school purposes, such territory may be restored by the concur- 
rence of the respective boards of directors; but on the written appli- 
cation of two-thirds of the electors residing upon the territory within 
such township or independent district in which the school-house 
is not situated, the said boards shall restore the territory to the dis- 
trict to which it geographically belongs; provided however that no 
such restoration shall be made unless there are fifteen or more pupils 
between the ages of five and twenty-one years, actually residing upon 
said territory sought to be restored, and not until there has been a suit- 
able school-house erected and completed, within the limits of said terri- 
tory suitable for school purposes. 

Sec. 1799. The boundary lines of a civil township shall not be changed 
by the board of supervisors of any county, so as to divide any school 
district by changing the boundary lines thereof, except when a majority 
of the voters of such district shall petition therefor; provided however 
that this shall not prevent the change of the boundary lines of any civil 
township, when such change is made by adopting the lines of congres- 
sional townships. 

FORMATION OF INDEPENDENT DISTRICTS. 

Section 1800. (As amended by Chap. 139, Laws of 1880.) Any city, 
town or village containing not less than two hundred inhabitants within 

Sec 1798. 1. It will be noticed that two distinct and separate methods are 
provided by this section. 78 Iowa, 550. 

2. When two-thirds petition, the remedy is not mandamus, but appeal from 
the refusal of the board last acting. 73 Iowa, 134. 

3. The restoration may take effect at any time agreed upon, but if no agree- 
ment is made, it will take effect the following March. 59 Iowa, 109. 

4. When the boundaries of districts are changed, the territory transferred 
carries with it a just proportion of all assets and liabilities of the district from 
which it is taken. 58 Iowa, 77. 

Sec 1799. 1. District township boundaries must conform to the boundaries of 
civil townships under the provisions of section 1713. 

2. The boundaries of independent districts are not affected by the change of 
civil township boundaries. 

3. The words school district in this section mean also subdistrict. Section 379, 
Code. 

Sec. 1800. 1. The two hundred inhabitants must be contained within the limits 
of the town or village. 70 Iowa, 431. Additional territory should be given by 
the board in forming the new independent district. Usually, territory equivalent 
to about four government sections, will constitute a proper district. 

2. An independent district cannot be formed from a city, town or village situ- 
ated within an indej^endent district, because no district township board can estab- 
ish the boundaries, as provided by sections 1801 and 1805. 



SCHOOL LAWS OF IOWA. 77 

its limits, may be constituted a separate school district; and territory 
contiguous to such city, town or villaoje, may be included with it as a 
part of said separate district, in the manner hereinafter provided. The 
village herein mentioned shall be understood to be a collection of inhab- 
itants residing within the limits of a town plat, and not organized into a 
city or incorporated town. 

Sec. 1801. At the written request of any ten legal voters residing in 
such city or town, the board of directors of the district township shall 
establish the boundaries of the contemplated school district, including 
such contiguous territory as may best subserve the convenience of the 
people for school purposes, and shall give at least ten days' previous 
notice of the time and place of meeting of the electors residing in said 
district, by posting written notices in at least live conspicuous places 
therein; at which meeting the said electors shall vote by ballot, for or 
against, a separate organization. 

Sec. 1802. (As amended by Chap. 27, Laws of 1874, and Chap. 143, 
Laws of 1880.) Should a majority of votes be cast in favor of such sep- 
arate organization, the board of directors of the district township, shall 
give similar notice of a meeting of the electors for the election of six 
directors. Two of these directors shall hold their office until the first 

Sec. 1801. 1. The contemplated independent district must include all of the 
city, town or village, and may include as much contiguous territory as the board 
thinks proper. It is not limited by subdistrict lines, but may, if necessary, include 
a part or all of two or more subdistricts. S. L. Decisions, 113 and 133. 
. 2. When the boundaries extend beyond the limits of a town or city, they must 
conform to lines of congressional divisions of land. Note 1 to section 1800. 

3. The board of the district township in which a majority of the voters of the 
contemplated independent disti-ict reside, may establish the boundaries of said 
district without the concurrence of any other board, even when said territory is 
taken from two or more civil townships in the same or adjoining counties. Sec- 
tion 1805. 

4. The notices of the election to determine the question of a separate organiza- 
tion should state clearly the boundaries of the proposed district. 

5. All of the electors residing within the proposed limits must be permitted to 
vote on the question of separate oi'ganization. 17 Iowa, 85. 

6. The president and secretary of the district township should act as chaimxian 
and secretary of this meeting, and as judges of election; in their absence a chair- 
man and secretary should be chosen by the electors. 

7. At the meeting to determine the question of separate organization the polls 
must remain open from 9 o'clock a. m. until 4 o'clock p. m. 34 Iowa, 306. 

Sec. 1802. 1. The first board will enter upon the dischai'ge of official duties as 
soon as qualified, and organize by electing a president, a secretary and a treasurer; 
the term of office of the president will expire on the third Monday in March fol- 
lowing his election, of the secretai"y and treasurer on the third Monday in 
September after their election. 

2. The secretary should immediately file with the county superintendent, 
auditor and treasurer, each, a certificate, showing the oflicers of the board, and 



78 SCHOOL LAWS OF IOWA. 

annual meeting after their election, and until their successors are elected 
and qualified; two until the second, and two until the third annual meet- 
ing thereafter; their respective terms of office to be determined by lot. 
The six directors shall constitute a board of directors for the district, and 
they shall, at their first regular meeting in each year, elect a president 
from their own number; and at their meeting on the third Monday of 
September in each year, a secretary and treasurer to be chosen outside 
of the board; provided that in all independent districts having a popu- 
lation of less than five hundred, there shall be three directors electefl, 
who shall organize by electing a president from tlieir own number, also 
a secretary, who may or may not be a member of the board, and a treas- 
urer, who shall not be a member of the board; and provided further 
that in all independent districts already organized, the terms of office of 
such directors as may have been chosen previous to the taking effect of 
this section for two or three years, shall not be interfered with by its 
passage. 

their post office address, and should notify them of all subsequent changes made 
in the officers of the board. Section 1736 and note. 

3. In all independent districts the president is chosen by the board from their 
own number on the third Monday in March. He has the right to vote on all 
questions coming before the board. Note 3 to section 1739. 

4. The secretary and treasurer are elected on the third Monday in September. 
In districts containing over live hundred inhabitants, they must be chosen outside 
of the board. In districts containing less, the secretary may or may not be chosen 
from the board, but the treasurer must be chosen outside the board. If a member 
of the board, of course the secretary has a vote. 

5. The secretary and treasurer have ten days in which to qualify. Section 1731. 

6. Where the law requires a certain duty to be performed by the board upon a 
fixed day, as for instance the election of a secretary and a treasurer, an adjourn- 
ment of the meeting to another fixed date will allow the transaction of the busi- 
ness directed to be done on the day of the regular meeting. 75 Iowa, 196. Note 
7 to section 1721. 

7. In case the board fails to elect an officer on the day fixed by law, or at an 
adjourned meeting the day of which was fixed at adjournment, the incumbent 
holds over, and should qualify anew. Section 690, Code. 

8. If the treasurer continues in office by reason of failure to elect a successor, 
his bond should be renewed and he should produce and account for the funds in his 
hands, and the statement of such settlement should be indorsed on his new bond. 
Note 7 to section 1747. 

9. All proceedings connected with the organization of the district should be 
recorded by the secretaries in the records of the districts, so that the facts concern- 
ing its formation and organization may be readily obtained, in case the validity of 
the proceedings should ever be questioned. 

10. The last official census will, as a general rule, be sufficiently accurate to 
determine questions relating to the population, but in case of doubt, the actual 
existing facts govern, which may be ascertained by any reliable means. 77 Iowa, 
676. 



SCHOOL LAWS OF IOWA. 79 

Sec. 1803. Said meeting for the first election of directors shall organ- 
ize by appointing a president and secretary, who shall act as judges of 
the election, and issue a certificate of election to the persons elected. 

Sec. 1804. The organization of such independent district shall be 
completed, on or before the first day of August of the year in which 
said organization is attempted, and when such organization is thus com- 
pleted, all taxes levied by the board of directors of the district township 
of which the independent district formed a part, in that j^ear, shall be 
void so far as the property within the limits of the independent district 
is concerned; and the board of directors of such independent district 
shall levy all necessary taxes for school purposes, as provided by law, 
for that year, at a meeting called for that purpose, at any time before 
the third Monday of August of that year, which shall be certified to the 
board of supervisors, on or before the first Monday of September, and 
said board of supervisors shall levy said tax at the time, and in the man- 
ner, that school taxes are required to be levied in other districts. 

Sec. 1805. In case such district is formed of parts of two or more 
■civil townships in the same or adjoining counties, the duty of giving the 
notice shall devolve upon the board of directors of the township in which 
a majority of the legal voters of the contemplated district reside. 

Sec. 1806. Said district may have as many schools, and be divided 
into such wards and other subdivisions for school purposes, as the board 
of directors may deem proper; and shall be governed by the laws en- 
acted for the regulation of district townships, so far as the same may be 
applicable. 

independent district election. 

Section 1807- (As amended by Chap. 131, Laws of 1886.) It shall 
be lawful ^or the electors of any independent district, at the annual 
meeting of such district, to vote a tax, not exceeding ten mills on the 
dollar, in any one year, on the taxable property of such district, as the 
meeting may deem suificient for the purchase of grounds and the con- 

Sec, 1804. 1. This section is construed to mean that the organization con- 
templated must be made between January first and the first of August. 

3. When a new independent district is organized as provided by this section, 
the board has authority to determine and certify all necessarj^ taxes, for school 
purposes, for that year, including school-house taxes. 

Sec. 1805. An independent district composed of territory from two or more 
counties, belongs, for school purposes, to the county wherein most of the scholars 
reside. A certificate to teach should be issued by the superintendent of the county 
to which it thus belongs, which certificate is valid for any school in the district. 

Sec. 1807. 1. The matters referred to may be presented at a time when the 

largest number is present, and voted upon viva voce. Or ballots may be prepared 

so that all those voting for members of the board may vote on one or more of these 

questions also. Note 15 to section 1717. 

V 



80 SCHOOL LAWS OF IOWA. 

struction of the necessary school-houses for the use of such independent 
district, and for the payment of any debts contracted for the erection of 
such school-houses, and for procuring a library and apparatus for the 
use of the schools of such independent district. And said electors may 
direct the sale or other disposition to be made of any school-house or the 
site thereof, or any part of such site, and of such other property, real 
and personal, as may belong to the independent district, and direct the 
manner in which the proceeds arising therefrom shall be applied. 

Chaptek 67, Laws of 1874. 

VOTING on school TAXES. 

Section 1. All school districts lying in two adjoining counties shall 
have the right to vote mills, instead of specific sums, for school purposes. 

Chapter 8, Laws of 1880. 

separate polling places. 

Section 1. Independent school districts having a population of not 
less than fifteen thousand inhabitants, shall be divided into not less than 
three, nor more than six election precincts, in each of which a poll shall 
be held at a convenient place, to be appointed by the board of directors, 
for the reception of the ballots of the electors residing in such precinct 
at said election. 

Sec. 2. The board of directors shall provide for the submission of all 
questions relating to the powers reserved to the electors under section 
1807 of the Code, which questions shall be decided by ballot, returns to 
be made on questions submitted as hereinafter provided. 

2. The power to vote school-house taxes belongs exclusively to the electors. 
The amount deemed necessary, and not a certain number of mills, should be voted. 
The sums necessary for the teachers' and contingent funds are determined by the 
board. 41 Iowa, 180. 

3. The electors frequently assume to exercise powers not granted them by the 
law. They have only such powers as are specifically named in the law. Note 5 
to section 1717. 

4. Independent districts of 15,000 and upwards are governed by chapter 8, 
laws of 1880. 

5. School elections are exempted from the operation of chapter 161, laws of 
1886, known as the registry law, and of chapter 33, laws of 1892, the latest election 
law. 

6. In all cases, it would be well for the ballot to state the term voted for, in 
connection with the name of the person. 

7. The electors may not limit or restrict the board to the adoption of a course 
of study including only such branches as the electors may name. Nor may the 
electors direct that a particular branch, or certain studies, shall not be taught. It 
is the province of the board to decide what branches besides those in a teacher's 
examination and those named by the electors, shall be included in the course of 
study and taught in the schools of the district. 



SCHOOL LAWS OF IOWA. 81 

Sec. 3. A register of the electors residing in each precinct shall be 
prepared by the board of directors from the register of the electors of any 
city, town or township which is in whole or in part included within such 
independent school district; and for that purpose a copy of such register 
of electors shall be furnished by the clerk of each such city, town or 
township to the board of directors. Said board shall, in each year before 
the annual election for directors, revise and correct such school election 
registers by comparison thereof with the last register of elections for such 
cities, towns and townships. And the register provided for by this sec- 
tion shall have the same force and effect at elections held under this act, 
and in respect to the reception of votes at said elections, as the register 
of elections has by law at general elections. 

Sec. 4. Notice of every election under this act shall be given in each 
district in which the same is to be held, by the secretary thereof , by post- 
ing np the same in three public places in such district, and b\^ publication 
in a newspaper published therein for two weeks preceding such election; 
such notice shall also state the respective election precincts, and the 
polling place in each precinct. 

Sec. 5. The board of directors shall appoint one of their own number 
and another elector of the district to act as judges of election, and a clerk 
for each polling place, who shall be sworn as provided by section 609 of 
the Code in case of general elections. The polls shall be open from 9 
o'clock A. M, to 6 o'clock p. m. If either of the judges, or clerk, fail to 
attend, his place may be filled by the others by appointing an elector 
attending in his place, and if all fail to attend in time, or refuse to serve 
or be sworn, the electors present shall choose two judges and a clerk 
from the electors attending. A ballot-box and the necessary poll-book 
shall be provided by the board of directors for each precinct, and the 
election shall be conducted in the same manner, and under the same rules 
and regulations, so far as applicable, as are provided by chapter 3 of title 
5 of the Code, for general elections. 

Sec. 6. The judges of election and clerk in each precinct shall canvass 
the vote therein, and shall as soon as possible, make out, sign and return 
to the secretary of the district a certificate showing the whole number of 
votes cast in such precinct, and the number of votes in favor of each per- 
son voted for, and questions submitted. The board of directors shall 
meet on the next Monday after the election and canvass the returns, and 
ascertain the result of the election. The whole number of votes cast, and 
the number in favor of each person voted for, shall be entered in their 
record, and the persons respectively receiving the highest two numbers 
of votes shall be declared elected, and all questions submitted receiving 
a majority of the votes cast shall be recorded as carried. The secretary 
shall issue to each person so elected a certificate of his election. 

6 



82 SCHOOL LAWS OF IOWA. 

Sec. 7. All acts and parts of acts inconsistent with this act are hereby 
repealed. 

Chaptek 72, Laws of 1886. 
rsE OF PUBLIC squares fok school purposes. 

Section 1. It shall be lawful for the people of any incorporated town 
located wholly within an independent school district in which is situated 
a public square or plat of ground, deeded or dedicated to the said town 
or the public, by the proprietor of the town, or of any addition thereof, 
to transfer or re- dedicate such plat or square, to the purpose of a public 
school-house lot, to be used either for the erection thereon of a public 
school-house, or as school grounds, in connection with such school-house. 

Sec 2. The manner of procedure to effect the change or transfer of 
the purpose for which such lot or square shall be used, as is authorized in 
section 1, of this act, shall be as follows: When a plat or lot of the char- 
acter described in section 1, of this act, is located in such incorporated 
town, and one-half of the resident voters of such town, according to the 
last census thereof, national or state, shall petition the mayor and town 
council of such town, asking said city authorities to submit to the voters 
of the town at a general or special election the question whether or not 
such public square, lot or plat shall be transferred, dedicated and used 
for the purposes of a public school-house lot, for the use of the independ- 
ent district, in which the same is situated, said mayor and town council 
shall submit the question to the voters of the town, in accordance with 
the prayer of said petitioners after giving ten days' notice thereof, by 
written or printed notices, in which the proposition submitted, shall be 
clearly set forth, and signed by said mayor, three of which notices shall 
be posted in public and conspicuous places in the town, and one shall be 
published in the last two issues, preceding such election in a weekly 
newspaper published in the town, or if there be no such newspaper pub- 
lished in the town then in the weekly newspaper published elsewhere in 
the county, having the largest circulation in said town. Such notice shall 
state the manner of voting, which shall be by ballot, and substantially as 
follows: The ballot shall contain in print, ink or pencil the words "For 
transferring lot or block or square (as the case may be, describing it) to 
the purposes of a public school-house lot," or "Against transferring lot 
or block or square (as the case may be, describing it) to the purposes of 
a school-house lot." And such election shall be held as per notice given 
and be conducted as ordinary town elections are, under the supervision 
of the town authorities, who shall canvass the vote as by law provided in 
other cases. If it shall appear that two-thirds or more, of all the legal 
votes cast at such election, for and against the proposition submitted, 
have been cast in favor of the transfer of such lot or block or square, to 



SCHOOL LAWS OF IOWA. 53 

tlie purposes of a public school-house lot, then such transfer shall be held 
ito have been completed, and the lot or block or square may be appropri- 
ated and used for the purposes so indicated by said vote, and shall be no 
lonojer held for any other purpose. If less than two-thirds of the votes 
■cast at such election are found to be in favor of the transfer then it shall 
be held that the proposition failed and no transfer shall be effected. 

Sec. 1807*. (Chap. 21, Laws of 1892,) When an independent dis- 
trict, by fire or otherwise, has been deprived of a school building, and 
the board of directors of such district, by the use of the powers in them 
vested, are unable to provide for the continuance of the school for 
•which such building has been used; then such board of directors shall 
'Call a meeting of such district. The' manner of calling such meeting, 
■and the powers of such meeting, shall be as follows: The board of 
directors shall cause to be posted in three public places in such district, 
>at least ten days prior to the designated time of holding such meeting, 
written notices of such meeting, in which shall be stated the time and 
-place of such meeting and the object or purpose for which the same is 
•called. The powers of such meeting shall be the same as are prescribed 
fin section 1807 hereof, except those powers which are set forth after the 
word "district" in the sixth line thereof. 

Sec. 1808. (As amended by Chap. 7, Laws of 1880.) The annual 
meeting of all independent districts shall be held on the second Monday 
an March, for the transaction of the business of the district, and for the 
■election by ballot of two directors, as the successors of the two whose 
term expires, who shall continue in office for three years; and the presi- 
dent, secretar}^, and one of the directors then in office, shall act as judges 
•of the election, and shall issue certificates of election to the persons 
•elected for the ensuing term; provided, that in all independent districts. 

Sec. 1808. 1. All vacancies which have occurred iu the board, during the 
year, should also be filled by election, and the ballot should designate the vacancy 
to be filled; the persons so elected hold for the remainder of the unexpired term; 
.all persons appointed to fill vacancies in office hold until the following election. 
•Constitution of Iowa, article 11, section 6; also section 785, Code. 

2. Members elect enter upon their duties at the time of the regular meeting of 
the board, on the third Monday in March. For time and manner of choosing 
ofiicei's of the board, see sections 1721, 1790, 1802, 1806, and notes. 

3. There is no provision of law by which judges at school elections may 
receive pay. 

4. When the population of an independent district which has had six directors, 
falls below five hundred, one director shall be chosen each year. 77 Iowa, 676 
and 79 Iowa, 466. Thus the board will consist of five members, four members, 
.and thereafter of three members. 

5. This section clearly provides how a tie vote shall be decided. And if more 
than two persons have each an equal number of votes, the same provisions will 
apply. Note 9 to section 1719. 



84 SCHOOL LAWS OF IOWA. 

haviiio^ a population of less than five hundred, there shall be electedy 
annuall}^, one director, who shall continue in office for three years. In 
cases of a tie vote in the election of director, or directors, the secretary 
shall notify them to appear at the rec^ular meetino^ of the board on the 
third Monday in March, to determine their election by lot before one or 
more members of the board elected, and the certificate of election shall 
be given accordingly. Should either party fail to appear or take part in 
the lot, the secretary shall draw for him. 

CHANGES IN FORM OF DISTRICT. 

Section 1809. When an independent district has been formed out of 
a civil township, or townships, as herein contemplated, the remainder of 
such township, or of each of such townships, as the case may be, shall 
constitute a district township as provided in section seventeen hundred' 
and thirteen of this chapter, and the boundaries between such district 
township and independent district may be changed, or the independent 
district abandoned, at any time, with the concurrence of the respective 
boards of directors. 

Chapter 133, Laws of 1878. 
• (As amended by Chapter 131, Laws of 1880.) 

subdivision of independent districts. 
Section 1. Any independent school district, organized under an;^ of 
the laws of this state, may subdivide, for the purpose of forming two or 

Sec. 1809. 1. The change of boundaries authorized by this section may be 
made at any time of year. 

2. If the boundary between an independent district and district township is 
the line of the civil township, it cannot be changed; but if the independent dis- 
trict includes a portion of a civil township the remainder of which constitutes a 
district township, the boundary between the districts may be changed. 

3. Chapter 63, laws of 1888, provides for change of boundaries between adjoin- 
ing independent districts in the same civil township. 

4. Where a change of boundaries between districts is desired, and one of the 
boards acts favorably to the change, a petition may be presented to the other 
board to concur in that action, although it formerly may have refused to grant 
a similar petition. From the action of the latter board upon the request, an appeal 
may be taken. 

5. No appeal can be taken from an action of the board taking the initiatory 
step, while it requires the concurrence of another board to complete the action. 
The concurrence or refusal of the second board is the order from which an appeal 
may be taken. S. L. Decisions, 61, 120, 129 and 139. 

6. When an appeal is taken from the proper board, the county superintendent 
must affirm the action of one board or the other, but cannot himself modify the 
action of the board acting first. S. L. Decisions, 139. 

7. Territory transferred from one district to another carries with it an equitable 
propoi'tion of the assets and liabilities of the district from which it is taken, the- 
district accepting it becoming responsible for such liabilities. 



SCHOOL LAWS OF IOWA. 85 

more independent school districts, or have territory detached to be 
iinnexed with other territory, in the formation of an independent district 
or districts, and it shall be the duty of the board of directors of said 
independent district to establish the boundaries of the districts so formed, 
the districts so formed not to contain less than four government sections 
of land, each; this limitation shall not apply when, by reason of a river 
or other obstacle, a considerable number of pupils will be accommo- 
dated by the formation of a district containing less than four sections, 
or where there is a city, town or village within said territory, of not 
less than one hundred inhabitants, and in such cases, the independent 
district so formed shall not contain less than two government sections of 
land, such subdivision to be effected in the manner provided for in sec- 
tions 2, 3 and 4 of this chapter; provided that where either of the districts 
so proposed to be formed contains less than four government sections, 
it shall require a. majority of the votes, of each of the proposed dis- 
tricts, to authorize such subdivision. 

Sec. 2. At the written request of one-third of the legal voters residing 
in any independent school district, the board of directors of said inde- 
pendent district shall call a meeting of the qualified electors of the inde- 
pendent district, at the usual place of holding their meeting, by giving at 
least ten days' notice thereof, by posting three notices in the independent 
■district sought to be divided, and by publication in a newspaper, if one 
be published in the independent district, at which meeting the electors 
.shall vote by ballot for or against such subdivision. 

Sec. 3. Should a majority of the votes be cast in favor of such subdi- 
vision, the board or boards of directors shall call a meeting in each inde- 
pendent district so subdivided or formed as aforesaid, for the purpose of 
■electing by ballot three directors, who shall hold their offices, one, two, 

CHAPTER 133, LAWS OF 1878. 

Section 1. 1. The provisions of this section as ameuded apply to all independ- 
ent districts organized under the laws of this state, and civil township lines are 
not a bar. 

2. The amount of territory can not be less than an equivalent of four govern- 
-ment sections, unless the provisions of the latter part of this section apply. 

3. An independent district containing territory amounting to less than eight 
government sections may be divided into two independent districts, if an unbridged 
.stream or other obstacle prevents a considerable number of scholars from attend- 
ing school, or if one portion contains a village of not less than one hundred 
inhabitants. The district so formed must contain territory amounting to not less 
than two government sections, and a majoi'ity of the votes cast in each contem- 
j)lated district must be cast for the division. 

Sec. 2. When the required number of electors petition for such division the 
iDoard is compelled to call the election, but the organization can not be completed 
i)etween August and January. 



86 SCHOOL LAWS OF IOWA. 

and three years, respectively; the leno^th of their respective terms to be 
determined by lot; and but one director shall be chosen annually there- 
after, who shall hold his office for three years. 

Sec. 4. At the meeting of the electors of each independent school 
district, as provided in the last section, they shall ako determine by bal- 
lot the name to be given to their district, and each independent district, 
v^hen so organized, shall be a body corporate, and the name so chosen 
shall be its corporate name; provided that the board of directors of any 
district, organized under the provisions of this act, may change its name 
if any other district in the township shall have chosen the same name. 

Sec. 5. Independent districts, organized under the provisions of this 
act, shall be governed by the laws relating to independent districts. 

Chapter 118, Laws of 1882. 
including all of city, within independent district. 

Section 1. All the territoiy of an incorporated city or town, whether 
included within the original incorporation, or afterwards attached thereto,, 
in accordance with the provisions of law, shall be or become a part of 
the independent district, or districts, of said city or town. 

Sec. 2. When boundaries are changed by the taking effect of this- 
act, the respective boards of directors shall make an equitable settlement 
of the then existing assets and liabilities of their districts, as provided 
for by section 1715 of the Code. 

# 

Chapter 61, Laws of 1888. 
formation of independent districts. 

Section 1. The subdistricts of a district township may be constituted 
independent districts in the manner hereinafter provided. 

Sec. 2. At the written request of one-third of the legal voters in each 
subdistrict of any district township, the board of directors shall call a 
meeting of the qualified electors of each subdistrict by giving at least 
thirty days' notice thereof by posting three written notices in each sub- 
district in the township, at which meeting the electors shall vote by bal- 
lot for or against independent district organization. 

Sec. 5. When the division has been completed, a settlement of assets and lia- 
bilities must be made, in conformity with section 1715. 

CHAPTER 61, LAWS OF 1888. 

Section 2. The vote upon the change of form may be taken at any time of 
year, but the organization cannot be completed between August and January., 
Section 1804. 



SCHOOL LAWS OF IOWA. 87 

Sec. 3. If a majority of the votes cast in each subdistrict shall be 
favorable to such independent oro;anization then each subdistrict shall 
become an independent district. 

Sec. 4. The board of directors of the old district township so voting; 
shall then call a meeting in each independent district for the'election of 
three or more directors, as may be required by law, and the organiza- 
tion of the said independent district shall be completed and governed in 
the same manner as other and similar independent districts. 

Chapter 62, Laws of 1888. 
boundaries of independent districts. 

Section 1. The boundary lines of contiguous independent districts 
within the same civil township, may be changed by concurrent action of 
the respective boards of directors at their regular meeting in September, 
or at special meetings thereafter called for that purpose; provided that 
the district so formed, from which territory has been detached, shall not ■ 
contain less than four government sections of land; and provided further 
that the boundary lines of said district shall conform to the lines of con- 
gressional divisions of land. 

Sec 1810. In case an independent district embraces a part or the 
whole of a civil township which has no separate district township organ- 
ization, upon the written application of two-thirds of the electors resid- 
ing upon the territory of such independent district, and within such civil 
township, to the board of directors, they shall set off such territory, 
whether provided with school-houses or not, to be organized as a district 
township in the manner provided for such organization when a new civil 
township is formed. 

Sec. 1811. (As amended by Chap. 63, Laws of 1888.) Independent 
districts located contiguous to each other, may unite and form one and 
the same independent district, in the manner following: At the written 
request of any ten legal voters residing in each of said independent dis- 
tricts, or, should there not be ten legal voters in one of such districts, 
then at the written request of the majority of such voters, their respect- 
ive boards of directors shall require their secretary to give at least ten 
days' notice of the time and place for a meeting of the electors refidino- 

Sec. 3. 1. Unless each and every subdistrict in the district township gives a 
majority vote favoring the change in form, the township remains a district town- 
ship. 

2. A single subdistrict may be oi-ganized as an independent district only when 
a village, town, or city is included. Section 1800. 

Sec. 4. When the new boards are organized, they should meet as soon as possi- 
"ble, and make settlement of assets and liabilities, as directed by section 1715. S. 
L. Decisions, 110. 



88 SCHOOL LAWS OF IOWA. 

in such districts, by posting written notices in at least five public places 
in each of said districts, at which meetings the said electors shall vote 
by ballot for or against a consolidated organization of said independent 
districts; and if a majority of the votes cast at the election in each dis- 
trict, shall be in favor of uniting said districts, then the secretaries shall 
give similar notice of a meeting of the electors as provided for, by the 
law, for the organization of independent districts. The independent dis- 
trict thus consolidated shall be completed, and its directors governed by 
the same provisions of the law which apply to other independent dis- 
tricts. Where from the courses of Iowa rivers, and the contour of the 
adjoining territory, the proper school facilities cannot be given to the 
school children of each territory by forming school districts from the terri- 
tory in any one county, independent school districts may be formed from 
the contiguous territory in adjoining counties. Any independent school 
district heretofore formed under this section, where there were less than 
ten legal voters residing therein at the time of the consolidation, is 
hereby legalized and made valid provided that two-thirds of the legal 
voters then residing in such independent district petition for such con- 
solidation. 

Sec. 1812. Where, under the school laws of the state heretofore in 
force, for the convenience and accommodation of the people, school dis- 
tricts were formed of portions of two counties of territory Ijdng contigu- 
ous to each other, at the written request of five legal voters residing in 
portions of said territory in each county, the board of directors of the 
district township to which such territoiy belongs, having a majority of 
the legal voters, shall fix the boundaries of an independent school dis- 
trict composed of such sections of land, or portions thereof, as may be 
described in the petition therefor, and shall give at least ten days' notice 
of the submission of the question of the formation of said independent 
district, at a special election for said purpose, specifying the boundaries 
of the district, the time and place of meeting of the electors for such 
election, at which meeting the electors in the contemplated district shall 
vote by ballot for or against the separate organization. Should a majority 
of the votes be cast in favor of such separate organization, the said board 
of directors shall proceed b}^ ballot to elect officers in the manner pro- 
vided by law, and organize such independent district. 

Sec. 1813, The boards of directors of the several independent school 
districts are hereby required to publish, two weeks before the annual 

Sec. 1813. 1. This statement should show the total receipts and expeuditures 
for each fund, followed by an estimate of the amount required for each fund, to 
maintain the schools for the ensuing year. 

2. The detailed and specific statement of tlie receipts and disbursements of all 
funds expended, should be sufficiently itemi^.ed to show the amount received from 
each separate source, also the amount expended for each particular pui-pose. 



SCHOOL LAWS OF IOWA. 89 

■school election in such district, by publication in one or more newspapers, 
'if any are published in such district, or by posting up in writins^, in not 
less than three conspicuous places in such independent district, a detailed 
and specific statement of the receipts and disbursements of all funds 
expended for school and buildins: purposes, for the year preceeding such 
annual election. And the said boards of directors shall also, at the same 
time, publish in detail, an estimate of the several amounts which, in the 
judgment of such board, are necessary to maintain the schools in such 
district, for the next succeeding school year; and failure to comply with 
'the provisions of this section, shall make each director liable to a penalty 
■of ten dollars. 

Sec. 1814. Township districts may be consolidated and organized as 
independent districts, in the following manner: Whenever the board of 
directors of any existing district township shall deem the same advisable, 
and also whenever requested to do so by a petition signed by one-third 
of the voters of the district township, the board shall submit to the 
voters of said district township, at a regular election, or one called for 
the purpose, the question of consolidation, at which election the voters 
of the district township shall vote for, or against consolidation. If a 
majority of votes shall be in favor of such consolidated organization, 

3. This statement is for the information of the electors, but they should not 
vote upon the amount of tax to be levied for contingent and teachers' fund, as 
these matters are determined by the board. Section 1777. 

4. The board mnst have the statement published at least once in a newspaper, 
if one is printed in the district. 

5. The fee of the publisher for printing the statement is fixed by section 3833, 
Code. 

6. In preparing the annual statement for publication, minute details of all the 
items need not be given. This would render it uselessly troublesome to pre- 
pare, and expensive to publish. Such general results and classified items as will 
•enable the electors fully to comprehend the proceedings of the board, are all that 
the law requires. The statistics of the schools may be added if the board thinks 
proper, but the law does not require it. 

Sec. 1814. 1. Any district township may organize into a single independent 
district, embracing the whole township. The vote may be ordered at any regular 
or special meeting of the board, and submitted to the electors at any time of the 
year, but if carried in the affirmative, does not take effect until the second Monday 
in March following, when the directors are elected. 

2. By adopting the independent district system, there will be but six directors 
in any case, and but three where the township contains less than five hundred 
inhabitants. At the tirst election the whole number is elected, and divided by lot 
into three classes, after which one or two directors only will be elected annually. 

3. When independent districts have been formed from the subdistricts of a 
township, they may also, under the provisions of this section, unite into one inde- 
pendent disti'ict. In this case the petition of one-third of the electors in the town- 
ship should be presented to the township trustees, whose duty it is to call the 
meeting to vote on the question of consolidation. 



90 SCHOOL LAWS OF IOWA. 

sucli district township shall organize on the second Monday of Marcb 
following, as an independent district; provided that in townships which 
have been divided into independent districts, the duties in this section 
devolving on the board of directors, shall be performed by the trustees 
of the township, to whom the petition shall in such cases be addressed;, 
and provided further that nothing in this section shall be construed tO' 
affect independent districts composed wholly or mainly of cities or incor- 
porated towns. Independent districts may, in like manner, change 
their boundaries so as to form any number of districts less than the num- 
ber of districts existing at the time such change is asked for, and sucb 
changes shall be specified in the notices for a vote thereon. 

Sec 1815. (As amended by Chap. 155, Laws of 1876.) The inde- 
pendent districts of a civil township may be constituted a district town- 
ship in the manner hereinafter provided. 

Sec. 1816. (As amended by Chap. 155, Laws of 1876.) At the written 
request of one-third of the legal voters residing in any civil township^ 
which is divided into independent districts, the township trustees shall 
call a meeting of the qualified electors of such civil township, at the usual 
place of holding the township election, by giving at least ten days' notice 
thereof, by posting three written notices in each independent district in 
the township, and by publication in a newspaper, if one be published in 
such township, at which meeting the said electors shall vote by ballot for 
or against a district township organization. 

4. The plan of making each civil township an independent district, governed 
by a board chosen from the township at large, is, in many respects, the best sys- 
tem yet devised. It reduces the number of school officers, provides for gradual 
changes in the board, secures uniform taxation for the support of schools through- 
out the township, encourages the establishment of graded schools for advanced 
scholars, and tends to the selection of teachers according to the qualifications and 
work required in each single case. 

Sec. 1815. 1. The electors of any civil township which has adopted the inde- 
pendent district organization, may vote upon the question of returning to the 
district township oi'ganization, under sections 1815-1820, as amended. 

3. A single independent district, embracing the whole of the civil township^ 
may be formed by section 1814, a system possessing many advantages over any 
other, in simplicity of organization, permanency of officers, uniformity of taxation,, 
and economy of management. Note 4 to section 1814. 

Sec. 1816. 1. The petition provided for in this section may be presented to 
the trustees and the vote ordered at any time of the year. 

3. The meeting held to determine the question of district township organiza- 
tion, is a township meeting; if the vote is in the affirmative, each and every inde- 
pendent district in the township, except those organized as city or town districts,, 
becomes a subdistrict of the district township. 

3. The township trustees may act as judges of this election, in their absence' 
the electors assembled may choose a chairman and one or tv/o secretaries to act as; 
judges. The polls should be kept open from 9 a. m. to 4 p. m. Note 7 to section, 
1801. 



SCHOOL LAWS OF IOWA. 91 

Sec. 1817. (As amended by Chap. 155, Laws of 1876.) If a majority- 
of the votes cast at such election be in favor of such district township- 
organization, each independent district shall become a subdistrict of the 
district towiiship, and shall organize as such subdistrict on the first Mon- 
day in March following, by the election of a subdirector. 

Sec. 1818. (As amended by Chap. 155, Laws of 1876.) Each sub- 
district so formed shall hold a meeting on the first Monday in March, for 
the election of a subdirector; five days' notice of which meeting shall be 
given by the secretary of the old independent district, by posting written 
notices in three public places in each district, which notices shall state- 
the hour and place of meeting. 

Sec. 1819. (As amended by Chap, 155, Laws of 1876.) District 
townships organized under the provisions of the preceding four sections, 
shall be governed and treated in all respects as other district townships-^ 
provided that nothing in this act shall be construed to affect independent 
districts composed, wholly or mainly, of cities or incorporated towns. 

Sec. 1820. (As amended by Chap. 155, Laws of 1876.) When any 
district township is organized under the provisions of the preceding five 
sections, the subdirectors shall organize as a board of directors, on the 

Sec. 1817. 1. The board of each iadepeadent district will contiaue to act until 
the third Monday in March following the election, at which time a full statement 
of all assets and liabilities of the district should be reported to the board of the 
district township when oi'ganized . 

2. The first board of a district township formed from a township organized as 
a single independent district, will consist of three subdirectors, elected by the 
whole township. Section 1720. If this board chooses to subdivide the district, it 
may do so. Section 1796. Or it may allow the district township to remain a single 
subdistrict, a plan having very many excellent advantages. 

Sec. 1818. For powers and duties of this meeting, see sections 1718 and 1719 
and notes. 

Sec. 1819. The district township meeting should be held on the second Monday 
in March, for the purpose of voting the necessary school-house taxes, as provided 
in section 1717. 

Sec. 1820. 1. Between the time of the election provided for in section 1816,. 
and the third Monday in March following, the boards of the several independent 
districts have authority to perform all necessary acts relating to the affairs of their 
districts, but they cannot incur any indebtedness, nor make any contracts, except 
such as may be necessary to maintain the usual schools of their districts. 

2. Upon the organization of the district township, the secretary should file 
with the county auditor and treasurer a certified plat of the district, and report to 
the county superintendent, auditor, and treasurer, the name and address of each 
officer of the new board. 

3. The district township receives all the assets and assumes all the liabilities of 
the several independent districts. In case an independent district has issued 
bonds, or otherwise incurred an indebtedness, for the erection of a school-house, 
the board of the district township has authority to apportion school-house taxes- 
for the payment of such indebtedness, from time to time, as justice and equity 
may require. Note 5 to section 1715. 



-92 SCHOOL LAWS OF IOWA. 

third Monday in March, and make an equitable settlement of the then 
existing assets and liabilities of the several independent districts. 

BONDS. 

Section 1821. (As amended by Chap. 121, Laws of 1876.) Inde- 
pendent school districts shall have the power and authority to borrow 
money, for the purpose of redeeming outstanding bonds, and erecting 
and completing school-houses, by issuing negotiable bonds of the inde- 
pendent district, to run any period not exceeding ten years, drawing a 
rate of interest not to exceed ten per centum per annum, which interest 
■may be paid semi-annually; which said indebtedness shall be binding 
and obligatory on the independent district for the use of which said loan 
shall be made; but no district shall permit a greater outstanding indebt- 
edness than an amount equal to five per centum of the last assessed value 
of the property of the district. 

Sec. 1822. (As amended by Chap. 59, Laws of 1880.) The directors 
of any independent district, may submit to the voters of their district, at 
the annual or a special meeting, the question of issuing bonds as con- 
templated by the preceding section, giving the same notice of such meet- 
ing as is now required by law to be given for the election of officers of 
such districts, and the amount proposed to be raised by the sale of such 
bonds, which question shall be voted upon by the electors, and if a 
majority of all the votes cast on that question be in favor of such loan, 
then said board shall issue bonds to the amount voted, in denominations 
of not less than twenty-five dollars, nor exceeding one thousand dollars, 

Sec. 1821. 1. Bonds voted under the provisions of this section may be issued 
and sold as the necessities of the independent district require, but cannot be made 
available for the purchase of a school-house site. 

2. If actually necessary, the board may issue an order on the scliool-house fund 
for the purchase of a site, which order may be indorsed by tiie treasurer if there 
are no funds, and draw interest. 

3. No independent district may incur a bonded indebtedness to an amount, in 
the aggregate, exceeding live per cent on the value of its taxable property. Con- 
stitution, article 11, section d. . 

4. The levy of taxes is not considered an outstanding indebtedness, in the 
sense of this section. The limit for levy of taxes is fixed by section 1780. 

5. As indicating the valuation of the district, the tax lists may not be taken 
into account until after the levy of the taxes in September. 70 Iowa, 230. 

Sec. 1822. 1. In order that the bonds may be negotiated to the best ad- 
vantage possible, great pains should be taken to follow the law carefully in 
every respect. 

2. The cost of the blank bonds and the expense of negotiating the bonds, should 
be paid from the contingent fund. 

3. Although the bonds ai'e payable at the pleasure of the district before due, 
we think those holding the bonds, or their agents, should have some previous 
Botice, say thirty days, of the intention to call in the bonds. 



SCHOOL LAWS OF IOWA. 9:^. 

due not more than ten years after date, and payable at the pleasure of 
the district at any time before due, which said bonds sliall be given in 
the name of the independent district issuing them, and shall be signed by 
the president of the board, and attested by the secretary, and delivered 
to the treasurer, taking his receipt therefor, vfho shall negotiate said 
bonds at not less than their par value, and countersign the same when 
negotiated. The treasurer shall stand charged upon his official bond 
with all bonds that may be delivered to him; but any bond or bonds not. 
negotiated may be returned by him to the board. 

Chapter 132, Laws of 1878. 

issuance of bonds to fund judgment indebtedness. 

Section 1. Any school district against which judgments have been 
rendered prior to the passage of this act, and which judgments remain 
unsatisfied, may, for the* purpose of paying off such judgments and fund- 
ing such judgment indebtedness, issue upon the resolution of the board 
of directors of the district, the negotiable bonds of such district, running 
not more than ten years, and bearing a rate of interest not exceeding 
ten per centum per annum, payable semi-annually, which bonds shall be 
signed by the president of the district, and countersigned by the secre- 
tary, and shall not be disposed of for less than their par value, nor for 
any other purpose than that provided for by this act, and such bonds 
shall be binding and obligatory upon the district. 

Sec 2. It shall be the duty of the board of directors of any district 
which shall issue bonds under this act, to provide for the payment of the 
same by the levy of tax therefor, in addition to the other taxes provided 
by law, and the}' are hereby required to levy yuch an amount each year 
as shall be sufficient to meet the interest on such bonds promptl}' as it 
accrues. 

Sec. 3. The bonds issued under this act shall be in the name of the 
district and in substantially the same form as is by law provided for 
county bonds;. shall be payable at the pleasure of the district; shall be 
registered in the office of the county auditor; shall be numbered consecu- 
tively and redeemed in the order of their issuance. 

Chapter 51, Laws of 1880. 

enabling districts to issue bonds to FUND JUDGMENT INDEBTEDNESS. 

Section 1. Any school district or district township against which 
judgments have been rendered, prior to the passage of this act, and 
which such judgments remain unsatisfied, may, for the purpose of pay- 
ing off such judgment indebtedness, issue negotiable bonds, of such dis- 
trict township, upon a resolution of the board of directors of the district 



•94 SCHOOL LAWS OF IOWA. 

township, running not more than ten years, and bearing a rate of inter- 
est not exceeding eight per cent per annum, payable semi-annually, 
which bonds shall be signed by the president of the district and counter- 
signed by the secretary, and shall not be disposed of for less than their 
par value, nor for any other purpose than that provided by this act, and 
.«uch bonds shall be binding and obligatory upon the district township. 

Sec. 2. It shall be the duty of the board of directors of any district 
township which issues bonds under this act, to provide for the payment 
of the same by the levy of tax therefor, in addition to the other taxes 
provided by law; and they are hereby required to levy such an amount 
each year as shall be sufficient to meet the interest on such bonds 
promptly as it accrues. 

Sec. 3. The bonds issued under this act shall be in the name of the 
•district township and in substantially the same form as is by law pro- 
vided for county bonds; shall be payable at the, pleasure of the district 
township; shall be registered in the office of the county auditor; shall be 
numbered consecutively and redeemed in the order of their issuance. 

Chapter 132, Laws of 1880. 
(As amended by Chap. 95, Laws of 1886.) 

AUTHOEIZING DISTRICTS TO FUND BONDED OR JUDGMENT INDEBTEDNESS. 

Section 1. Any independent school district, or district township, 
now or hereafter having a bonded or judgment indebtedness outstanding, 
is hereby authorized to issue negotiable bonds at any rate of interest not 
exceeding seven per cent per annum, payable semi-annually, for the 
purpose of funding said indebtedness; said bonds to be issued upon a 
resolution of the board of directors of said district; provided that said 
resolution shall not be valid unless adopted by a two-thirds vote of said 
directors. 

Sec 2. The treasurer of such district is hereby authorized to sell the 
bonds provided for in this act, at not less than their par value, and apply 
the proceeds thereof to the payment of the outstanding bonded or judg- 
ment indebtedness of the district, or he may exchange such bonds for 
outstanding bonds, par for par; but the bonds hereby authorized shall 
be issued for no other purpose than the funding of outstanding bonded 
or judgment indebtedness. The actual cost of the engraving and print- 
ing of such bonds, shall be paid out of the contingent fund of such district. 

Sec. 3. Said bonds shall run not more than ten years, and be pay- 
able at the pleasure of the district after five years from the date of their 
issue; provided that in order to stop interest on them the treasurer shall 
give the owner of said bonds ninety days' written notice of the readiness 
of the district to pay, and the amount it desires to pay; said notice to be 



SCHOOL LAWS OF IOWA. 95- 

•directed to the post office address of the owner of the bonds; provided 
•further that the treasurer shall keep a record of the parties to whom he 
■sell the bonds, and their post office address, and notice sent to the 
address as shown by said record, shall be sufficient. 

• Sec. i. Said bonds to be in denominations of not less than one 
hundred dollars and not more than one thousand dollars; and said bonds 
shall be given in the name of the independent district, or district town- 
ship, and signed by the president, and countersigned by the secretary 
thereof; and the principal and interest may be made payable wherever 
the board of directors may by resolution determine. 

Sec. 5. When said bonds are delivered to the treasurer to be ne- 
gotiated, the president shall take his receipt therefor, and the treasurer 
■shall stand charged on his official bond with the amount of the bonds so 
•delivered to him. 

Sec. 6. The tax, for the payment of the principal and interest of 
tsaid bonds, shall be raised as provided in section 1823, chapter 9, title 12 
of the Code, provided that if the district shall fail or neglect to so levy 
tsaid tax the board of supervisors of the county in which said district is 
located, shall, upon the application of the owner of said bonds, levy 
■said tax. 

Sec. T. All acts and parts of acts in conffict with this act are hereby 
I'epealed. 

Sec. 1823. If the electors of an independent school district which has 
issued bonds, shall at the annual meeting in March for any year, fail to 
vote sufficient school-house tax to raise a sum equal to the interest on the 
■outstanding bonds which will accrue during the then coming year, and 
such portion of the principal as will liquidate and pay off said bonds at 
maturity, then it shall be lawful for the board of such district, to vote a 
'Sufficient rate on the taxable property of the district, to pay such interest 
■and such proportionate portion of the principal as will pay said bonds 
in full, by the time of their maturity, and shall cause the same to be cer- 
tified and collected, the same as other school taxes. 

Sec. 1824. All school orders shall draw lawful interest, after having 
heen presented to the treasurer of the district, and not paid for want of 
f«nds, which fact shall be indorsed upon the order by the treasurer. 

Sec 1823. To pay bonds, a board may certify in excess of ten mills, if neces- 
sary. 69 Iowa, 612. 

Sec. 1824. The board may not authorize the payment of interest to exceed six 
per cent. 51 Iowa, 103. Interest can be paid on an order only from the date of 
ats presentation to the treasurer, and indorsement. 



96 SCHOOL LAWS OF IOWA. 

SCHOOL- HOUSE SITES. 

Section 1825. It shall be lawful for any district township or inde 
pendent district to take and hold, under the provisions contained in this- 
chapter, so much real estate as may be necessary for the location and 
construction of a school-house, and convenient use of the school; pro- 
vided that the real estate so taken, otherwise than by the consent of the- 
owner or owners, shall not exceed one acre. 

Sec. 1826. The site so taken must be on some public highway, at 
least forty rods from any residence, the owner whereof objects to its- 
being placed nearer, and not in any orchard, garden or public park. 
But this section shall not apply to any incorporated town. 

Sec. 1827. (As amended by Chapter ISi, Laws of 1886.) If the- 
owner of any such real estate refuse or neglect to grant the site on his- 

Sec 1825. \. The board should try if possible to procui*e a site by purchase. 

2. A site of less than one acre may be enlarged to an acre. 

3. The acre contemplated in this section means exclusive of highway. 

4. Property encumbered, occupied as a homestead, or belonging to minor heirs, 
may be taken under the provisions of this section. 

5. Jf the district cannot establish its claim to the school-house site, owing to the 
loss of the deed, or for other reason, and the owner refuses to sell or lease the 
site, the district may avail itself of the provisions of this and the following section* 
and secure a site not to exceed one acre. 

6. When purchased, the provisions of this section do not apply. The district 
stands in the same relation to the public and to individuals, in this respect, as do 
other corporations, and may purchase and convey real estate accordingly. S. L. 
Decisions, 96. 

Sec 1820. 1. All sites taken under these sections, must be located on a public- 
road, and at least forty rods from any residence, the owner whereof objects to its- 
being placed nearer, except in incorporated towns. 

2. When a site is sought to be condemned, the distance of forty rods mentioned 
in this section, is measured from the nearest part of the residence to the nearest 
part of the site, in a straight line. 

3. Boards may rebuild on sites without consent of owners of residences within 
forty rods. 

4. Under the Iowa statute of limitations, ten years' use of a highway by the-' 
public, under a claim of right, will bar the owner of the soil. 19 Iowa, 123. 

5. If the public, with the knowledge of the owner of land, has claimed and 
continuously exercised the right of using the same for a public highway, for a 
period equal to that fixed by the statute for the limitation of real actions, a com- 
plete right to the highway thereby becomes established against the owner, unless 
it appears that such use was by favor, leave or mistake. 22 Iowa, 457. 

Sec. 1827. 1. If personal service cannot be made, as provided by sections 
2601-2610, Code, the notice must be published, four consecutive weeks, previous 
to the appraisement, in a newspaper. Sections 261S-2620, Code. Forms 44, 45, 
46, 47 and 48. 

2. The appraisers are entitled to two dollars for each day's service, and ten 
cents per mile from their residence to the location of the property appraised. 
Sections 3811-3813, Code. 



SCHOOL LAWS OF IOWA. 97 

premises, or if such owner can not be found, the county superintendent 
of the county in which said real estate may be situated, shall upon appli- 
cation of either party, appoint three disinterested persons of said county, 
unless a smaller number is agreed upon by the parties, who shall, after 
taking an oath to faithfully and impartially discharge the duties imposed 
on them by this chapter, inspect said real estate, and assess the damages 
which said owner will sustain, by appropriation of his land for use of 
said house and school, said county superintendent giving to the owner 
of such real estate the same notice as is required for the commencement 
of a suit at law, in the district court, of the time of such assessment of 
damage, and make a report in writing to the county superintendent of 
said county, giving the amount of damages, description of land, and 
exact location, who shall file and preserve the same in his office. If said 
board shall, at any time before they enter upon said land, for the pur- 
pose of building said house, deposit with the county treasurer, for the 
use of said owner, the sum assessed as aforesaid, they shall be thereby 
authorized to build such house, and maintain the right to said premises; 
provided that either party may have the right to appeal from said assess- 
ment of damages, to the district court of the county where such real 
estate is situated, within twenty days after receiving notice that such 
assessment is made, which appeal shall be final; but such appeal shall 
not delay the prosecution of work, upon said house, if said board shall 
pay or deposit with the county treasurer, the amount so assessed by such 
appraisers, and in no case shall said board be liable for costs on appeal, 
unless the owner of said real estate shall be adjudged a greater amount 
of damages than was awarded by said appraisers. The board shall in 
all cases pay costs of the first assessment. 

Sec. 1828. The title acquired by said school districts in and to said 
real property shall be for school purposes only, and in case the same 

3. When the owner of land taken under section 1827 is unknown, or cannot be 
found, it is not necessary to print the report of appraisement, or to attempt other 
notice to said owner than the printed notice required by this section. It is suffi- 
cient for the county supei'intendent to send a certified copy to the board. 

4. If the board has deposited witli the county treasurer the amount assessed 
by the appraisers in accordance with this section, we think the courts would hold 
that the district had come into possession of the site. 

5. The money deposited with the county treasurer should be held for the benefit 
of the owner of the fee, and not for the mortgagee. 

6. Since the receipt of the treasurer for the money deposited with him for the 
owner of the land, may be the only evidence of title, such a receipt should have a 
full description of the property, containing the proviso of note (&) of form 19, and 
should be recorded by the county recorder. 

Sec. 1828. 1. No deed or other instrument from the owner is required to 
authorize the district to occupy the land for school purposes. The proceedings 
should be recorded in full by the district secretary. 

7 



98 SCHOOL LAWS OF IOWA. 

should cease to be used for said purpose, for the space of two years, 
then the title shall revert to the owner of the fee, upon the repayment 
by him of the principal amount paid for said land, by said districts, 
without interest, together with the value of any improvements thereon 
erected by said districts; provided that durina; the time said site is used 
for school purposes, the owners of the fee shall not injure or remove the 
timber standing and growing thereon. 

APPEALS. 

Section 1829. Any person aggrieved by any decision or order of the 
district board of directors, in matter of law or of fact, may, within thirty 
days after the rendition of such decision, or the making of such order, 
appeal therefrom to the county superintendent of the proper county. 

Sec. 1830. The basis of the proceeding shall be an affidavit, filed by 
the party aggrieved with the county superintendent, within the time for 
taking the appeal. 

2. In case the land desired for a school site is under mortgage, the district may 
receive from the owner the lease of a portion not to exceed one acre, to be held 
by the district as long as used for school purposes, and when no longer so used, to 
revert to the owner, as provided by this section. 

Sec. 1829. 1. The right of appeal is limited to persons aggrieved or injuriously 
affected by the decision or order complained of. S. L. Decisions, 22, 58 and 80. 

2. After the expiration of thirty days, the county superintendent cannot enter- 
tain an appeal. 

3. In computing time the first day shall be excluded and the last included, 
unless the last falls on Sunday, in which case the time prescribed shall be extended 
so as to include the whole of the following Monday. Section 23, Code. 

4. When the act complained of is of a discretionary character, the action of 
the board should be sustained, unless it is clearly shown that the board violated 
law, abused its discretion, or acted with manifest injustice. S. L. Decisions, 22, 
70, 108 and 138. 

5. In certain cases an aggrieved party has a choice of legal remedies. 56 Iowa, 
476. 

6. To compel the performance of an official duty, appeal sometimes consumes 
valuable time. Mandamus is often a more speedy as well as a better remedy. 
S. L. Decisions, 100. 

7. When a board violates a mandatory requirement, application by an inter- 
ested party to a court for a writ to compel the board to act as directed by the 
statute is the more speedy and preferable remedy. 44 Iowa, 432; 50 Iowa, 648, 
and 71 Iowa, 632. S. L. Decisions, 100, 128 and 137. 

8. To correct an illegal action of the board, certiorari, and not appeal, is the 
remedy. 55 Iowa, 215. S. L. Decisions, 55. 

9. No appeal can be taken from the action of the board taking the initiatory 
step, while it requires the concurrence of another board to complete the action. 
The concurrence or refusal of the second board is the order from which an appeal 
may be taken. Note 5 to section 1809. 

Sec. 1830. 1. An afiSdavit is a written declaration, sworn to before some officer 
authorized to administer oaths. Section 3689, Code. 



SCHOOL LAWS OF IOWA. 99 

Sec. 1831. The affidavit shall set forth the errors complained of in a 
plain and concise manner. 

Sec. 1832. The county superintendent shall, within five days after 
the filing of such affidavit in his office, notify the secretary of the proper 
district, in writing, of the taking of such appeal. And the latter shall, 
within ten days after being thus notified, file in the office of the county 
superintendent, a complete transcript of the record and proceedings re- 
lating to the decision complained of, which transcript shall be certified 
to be correct by the secretary. 

Sec. 1833. After the filing of the transcript aforesaid in his office, he 
shall notify in writing all persons adversely interested of the time and 
place where the matter of the appeal will be heard by him. 

2. A county superintendent can have no jurisdiction of an appeal case until tiie 
affidavit has been filed. S. L. Decisions, 27. 

3. A notice of intention to file an affidavit, a verbal complaint, or a petition, is 
not sufficient to give the county superintendent jurisdiction in appeal cases. 
Form 49. S. L. Decisions, 37. 

Sec. 1831. 1. The affidavit should contain a statement of the decision com- 
plained of and its date, a statement of facts showing that the appellant has an 
interest in the decision and is injuriously affected by it, and the assignment of 
errors. Form 49. 

2. This affidavit being the fii'st paper filed, care should be taken that the case 
is properly entitled, and this title should be preserved throughout the further 
progress of the appeal. The date of filing should be indorsed upon the affidavit 
by the superintendent. 

3. The filing of an affidavit of appeal has the effect of arresting all action by 
the board in relation to the matter appealed from. 

4. During the pendency of an appeal all matters must remain in statu quo, and 
this can be enforced by writ of injunction. 

5. No opinion relating to matters involved in an appeal will be given to inter- 
ested parties by this department. 

Sec. 1832. 1. The notice should describe the decision or order appealed from, 
so that it may be identified, and should require the district secretary to file the 
transcript with the superintendent within the time specified. The notice may be 
served personally or sent by mail. Form 50. 

2. The secretary shall make and forward a transcript or copy of the record of 
all actions of the board relating to the decision or order appealed from, also of all 
petitions, remonstrances, plats, and other papers pertaining thei'eto. The original 
papers must be preserved with the district records. Form 51. 

3. A failure to file the transcript will not affect the proceedings in any other 
way than to cause delay. The secretary will take the risk of censure by a court 
for failure to attend to his official duty. S. L. Decisions, 99. 

Sec. 1833. 1. The time to elapse bet\\een the filing of the transcript and the 
hearing of the appeal is not fixed by the statute. This is left to the county super- 
intendent to determine. 

2. Notice of the time and place of hearing should be given to the appellant, to 
the secretary of the board, and to any other persons known to be directly inter- 
ested. The notices may be served personally or sent by mail. Form 52. 



]00 SCHOOL LAWS OF IOWA. 

Sec. 1834. It the time thus fixed for hearino;, he shall hear testimony 
for either party, and for that purpose may administer oaths if necessary, 
and he shall make such decision as may be just and equitable, which 
shall be final, unless appealed from as hereinafter provided. 

Sec. 1835. An appeal may be taken from the decision of the county 
superintendent to the superintendent of public instruction, in the same 

manner as provided in this chapter for taking appeals from the district 

* 

Sec. 1834. 1. While the superintendent is not a court in the strict sense of the 
term, he is required to administer oaths, to hear testimony on both sides, to receive 
depositions, and to render a just and equitable decision. 

2. While mere technicalities should not be permitted to prevent the attainment 
of justice, it is not inappropriate that as to evidence and practice the superintend- 
ent should be governed by many of the rules which ordinarily obtain in courts. 

3. The county superintendent may not guarantee. witness fees, issue subpoenas, 
nor give any judgment for costs or other expenses. 

4. While the county superintendent may not compel the attendance of wit- 
nesses at the trial of an appeal, he may order depositions to be taken, in accord- 
ance with sections 3692-3696, Code, and thus secure the required testimony. 

5. In case of disturbance or interruption during the trial of an appeal before a 
county superintendent, as he is not invested with judicial power, he has only the 
ordinary remedy of complaint to the proper authorities, as provided for in section 
4069, Code. 

6. The docket or minutes of the superintendent should commence by noting 
the filing of the aifidavit. He will afterward, as the acts transpire, record the 
sending of the notice of appeal to the district secretary, the filing of the transcript, 
the sending of notices of the hearing, and any adjournment of the case that may 
be granted. At the tinal he will carefully note down the names of all parties 
appearing, and their post office address, and whether they appear for or against 
the appeal, also, the filing of all papers and names of witnesses, and in whose 
behalf such papers or witnesses are introduced. The decision of the superintend- 
ent will form an appropriate close of his minutes. Forms 50, 51, 52 and 53. 
S. L. Decisions, 22. 

7. All testimony must be given under oath, and the substance reduced to writing 
at the time by the county superintendent. It is recommended that a summary 
of what each witness testifies be made, read to the witness, and signed by him. It 
is of the first impoi'tance that the record of the testimony be full and accurate, as 
the decision of the county superintendent, also of the superintendent of public 
instruction, in case the appeal is carried up, must be based upon the record of 
evidence introduced. This testimony should be preserved with the other papers 
of the case. 

Sec. 1835. 1. Appeals to the superintendent of public instruction are con- 
ducted in the same manner and governed by the same rules, so far as applicable, 
as appeals to county superintendents. The basis of the appeal must be an affida- 
vit filed in the office of the superintendent of public instruction, within thirty days 
from the date of the decision appealed from. For form and contents of the 
affidavit see notes to sections 1830-31. 

2. Upon the filing of an affidavit the superintendent of public instruction will 
notify the county superintendent to forward a transcript of the papers in the case 
within thirty days. The original papers must be preserved on file in the county 
superintendent's office. 



SCHOOL LAWS OF IOWA. 101 

board to the county superintendent, as nearly as applicable, except that 
he shall give thirty days' notice of the appeal to the county superinten- 
dent, and the like notice shall be given the adverse party. And the 
decision, when made, shall be final. 

Sec. 1836. Nothing in this chapter shall be so construed as to au- 
thorize either the county or state superintendent to render a judgment 
for money, neither shall they be allowed any other compensation than is 
now allowed by law. All necessary post&,ge must first be paid by the 
party aggrieved. 

3. Upon the filing of the transcript, thirty days' notice of the time set for hear- 
ing will be given to all parties interested. This time of thirty days may be dimin- 
ished on the written agreement of both parties. Form 53. 

4. It is suggested that when it is possible, the transcript, or at least the testi- 
mony, be sent in work from a typewriter. See also preface to School Law Decis- 
ions of 1892. 

5. At the hearing, parties interested may appear pei-sonally or by attorney, and 
argue their cases orally if they desire, or they may send arguments in writing, or 
if possible, in typewriting. 

6. The record of the case in the office of the county supex'intendent, which is a 
public record and should be open as such to examination by parties interested, 
will furnish all needed data, where access to the transcript sent up is inconvenient. 

7. The superintendent of public instruction will not hear original testimony in 
cases submitted to him. S. L. Decisions, 126. 

8. Any person aggrieved by an action of the county superintendent in refusing 
to grant a certificate or in revoking the same, may apply to him for a rehearing, 
the proceedings to correspond as nearly as possible to the proceedings in the case 
of an appeal from a board of directors. If any party is aggrieved by the result of 
this investigation, an appeal may be taken therefrom to the superintendent of 
public instruction. 

9. A party, in whose favor an appeal is decided, has the remedy of a writ of 
mandamus from a court of law to enforce the decision of appeal. 69 Iowa, 533. 

Sec 1836. Payment for postage in advance will be required with the affidavit. 
It is impossible to tell what amount of postage will be needed in each case, and 
one dollar will be required, to cover all needed postage. If the dollar does not 
accompany the affidavit, the filing will necessarily be delayed until the amount is 
received. 



TABLE OF CONTENTS. 



PAGE 

Appeals 98 

Attendance 72 

Board of Directors 21 

Board of Supervisors 68 

Bonds 92 

Boundaries 74 

Changes in Form of District 84 

County Auditor _. 69 

County High Schools 12 

County Superintendent 60 

County Treasurer 70 

District Township Meeting 17 

Formation of Independent Districts 76 

Forms 105 

General Provisions 56 

Independent District Election 79 

Miscellaneous 70 

President 43 

School Districts 16 

School-House Sites 96 

Secretary 44 

State Agricultural College 10 

State Board of Examiners 58 

State Normal School 7 

State University 9 

subdirector 50 

SuBDiSTRiCT Meeting 19 

Superintendent of Public Instruction 5 

Taxes 66 

Teachers 54 

Text-Book Law , 27 

Treasurer 47 



BLANK FORMS. 



NUMBER 1. 

Form for Proceedings of District Township Meeting. 
[Section 1717.) 

March. 189.. 

The electors of the district township of , In the county of , and 

state of Iowa, assembled at pursuant to previous notice. The meeting 

was called to order by the president at o'clock m. The secretary being 

absent, was appointed secretary. 

The order of business was stated by the president. 

On motion of , a tax of dollars was voted for 

school-house purposes. 

moved that a tax of eight hundred dollars be voted 

for the purpose of erecting a school-house in subdistrict No. . . 

moved to amend by striking out "eight hundred 

dollars" and inserting "one thousand dollars," which motion was carried and the 
motion as amended was decided in the aflEirmative. 

moved to transfer dollars of 

unused school-house fund to teachers' (contingent) fund. Carried. 

moved that the various powers conferred by law on 

the district meeting, v/hich may be delegated to the board of directors, be and the 
same are hereby so delegated. After discussion the vote was taken and the motion 
was adopted. 

On motion of , the meeting adjourned. 



Chairman. 
Secretary. 



Note. — It is essential that the secretary make a full and accurate record of the 
proceedings of the district township meeting, which should be submitted to the 
president for his approval at the close of the meeting, and afterwards recorded in 
the district records, or otherwise preserved. 

These records, together with all certificates of the action of any subdisti'ict in 
relation to voting school-house taxes, must be submitted by the secretary, who is 
the proper custodian of the records, to the board, at the meeting held on the fol- 
lowing Monday, to form the basis of its action in apportioning and certifying 
school-house taxes to the board of supervisors. 



10 d SCHOOL LAWS OF IOWA. 



NUMBER 3. 

Form of Notice for Anmial Meeting in Subdistricts. 
[Section 1718.] 

Notice is hereby given, that a meeting of the qualihed electors of subdistrict 

No , of the district township of , in the county of , and state of 

Iowa, will be held at , on the first Monday in March, 189 . ., at. . .o'clock, 

for the election of one subdirector, and the transaction of such other business as 
may legally come before it. 

Dated , 189.. 



Subdirector of Subdistrict No 

Notes. — (a) In case there is no subdirector, the above notice must be given by 
the secretary of the district township. It must be posted five days previous to the 
meeting, in at least three public places in the subdistrict. The notice should 
designate the hour of meeting, which cannot be earlier than 9 o'clock a. m. Sec- 
tion 1789. 

(b) When an organized district township is left without officers, or without a 
quorum, the above notice for a special election should be posted by the township 
trustees, in at least three public places in each subdistrict, changing the time of 
holding the election to suit the circumstances of the case. Section 1714. 



NUMBER 3. 

Form of Proceedings of Annual Subdistrict Meeting. 
[Sections 1718, 1719, 1720. J 

March , 189.. 

The electors of subdistrict No , of the district township of , in 

the county of and state of Iowa, met pursuant to previous notice. 

was appointed chairman, and secretary of 

the meeting. 

On motion of , the meeting proceeded to the election by 

ballot of one subdirector. 

The chairman announced the result of the ballot to be as follows: 

20 votes were cast for A B; 15 votes for C D; and 10 votes for E F; upon which 
A B was declared duly elected subdirector for the ensuing year. 

moved that a tax of dollars be voted 

for the erection of a school-house in this subdistrict. 

The motion was lost. 

On motion of the meeting adjourned. 



Ghairmmi. 
Secretary. 



SCHOOL LAWS OF IOWA. 107 

Notes. — (a) If the electors desire to hold a caucus, it should be done before 
the-subdistrict meeting is called to order. Only one ballot can be had for the 
election of subdirector, and a plurality will elect. 

(b) The amount voted by the subdistrict must be certified to the next regular 
district township meeting. 

(g) To avoid the levy of taxes upon the subdistrict, the district township may 
simply be requested, by a vote of the electors of the subdistrict, to build them a 
school-house, without asking for a definite amount of money. 



NUMBER 4. 

Forra for Certificate of Election of Subdirector. 

[Section 1719.] 

We hereby certify that, at the annual meeting of subdistrict No , of the 

district township of ,, in the county of , and 

state of Iowa, held on the first Monday in March, 189 .. , was 

duly elected subdirector for said subdistrict. 

Chairman. 



Secretary. 

Notes. — (a) This cei'tificate, slightly varied, will answer in case of the election 
of a subdirector at a special meeting called by the township trustees. In both 
cases, it should be presented by the subdirector elect to the board of the district 
township, and filed with the president of said district. 

(b) In case of a tie vote, the fact should be certified in a similar manner to that 
given in the above form, by the officers of the meeting. 



NUMBER 5. 

Form for Certificate of the Tax Voted by Subdistrict Meeting. 
[Section 1718, 1778.] 

To , 

Secretary of the board of directors of the district township 

of 

I hereby certify that the electors of subdistrict No ,of the district 

township of , in the county of ,and state of 

Iowa, at the annual meeting, held on the first Monday in March, 189.., voted a 
tax of dollars for the erection of a school-house in said subdistrict. 



Subdirector. 

Note. — This certificate may be made either by the subdirector or by the chair- 
man and secretary of the subdistrict meeting. 



108 SCHOOL LAWS OF IOWA. 



[NUMBER 6. 

Proposals for the Erection (or Bepair) of a School-house. 
[Section 1723.] 

Notice is hereby given that the proposals for the erection ('or rejjair) of a school- 
house in subdistrict No , in the district township of , , in 

the county of , will be received by the undersigned, at his 

office in .(where plans and specifications may be seen), until 

1 o'clock p. m., 189. ., at which time the contract will be 

awarded to the lowest responsible bidder. The board reserve the right to reject 
any or all bids. 



Secretary of the Board of Directors. 



NUMBER 7. 

Form of Contract for Building a School-house. 

[Section 1723.] 

Contract made and entered into between , of the 

county of , and state of Iowa, and , in 

behalf of the district township of , in the county 

of , and state of Iowa, and his successors in office. 

In consideration of the sum of dollars, to be paid as hereinafter 

specified, the said hereby agrees to build a 

school-house, and to furnish the matei'ial therefor, according to the plans and 
specifications for the erection of said house hereto appended, at 



in said district township. The said house is to be built of the best material, in a sub- 
stantial, workmanlike manner, and to be completed and delivered to the said 

, or his successors in office, free from any lien for 

work done or material furnished, on or before the day of , 

189. . . And in case the said house is not finished by the time herein specified, the 

said shall forfeit and pay to the said , 

or his successors in office, for the use of said district township, the sum of 

dollars, and shall also be liable for all damages that may 

result to said district township in consequence of said failure. 

The said , , or his successors in office, in behalf of said 

district township, hereby agrees to pay the said the sum 

of dollars when the foundation of said house is finished: 

and the furthersum of dollars when the walls are up and 

ready for the roof; and the remaining sum of dollars when the 

said house is finished and delivered as herein stipulated. 



SCHOOL LAWS OF IOWA. 109 

It is further agreed that this contract shall not be sublet, transferred, or assigned, 
without the consent of both parties. 
Witness our hands this day of , 189. . 



Contractor. 



President. 

This is to certify that the foregoing contract was approved by the board of direc- 
tors of the district township of in the county of , 

and state of Iowa, this day of , 189 . . 



, President. 

Secretary. 

Notes. — (a) The law requires the board to make all contracts necessary to carry 
out any vote of the district, and the president of the district to sign all contracts 
made by the board. Section 1739. Contracts must, in all cases, be made according 
to the instructions and directions of the board, and after being made they should 
be approved by the board before any work is done. 

(6) In building a school-house, it is important to secure plans of the building, 
with full specifications as to its dimensions, style of architecture, number and size 
of windows and doors, quality of materials to be used, what kind of roof, number 
of coats of paint, of what material the foundation shall be constructed, its depth 
below and its height above the surface of the ground, the number and style of 
chimneys and flues, the provisions for ventilation, the number of coats of plaster- 
ing and style of finish, and all other items in detail that may be deemed necessary. 
The plans and specifications should be attached to the contract, and the whole tiled 
with the secretary of the district township. 



NUMBER 8. 

Form of Bond for Performance of Contract. 

[Section 1723.] 

Know all Men by these Presents: That we, , as principal, 

and and as sui-eties, of the county of 

, and state of Iowa, are held and firmly bound unto the dis^- 

trict township of ,, in the county of , 

and state of Iowa, in the penal sum of dollars, for the payment of 

which, well and truly to be made, we bind ourselves, our heirs, administrators and 
assigns, jointly, severally and firmly by these presents. 

The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with , as 

president of the board of directors of the district township of , 

in the county of , and state of Iowa, and his successors in ofiice, 

for the erection and completion of a school-house in said subdistrict, by the . . 

day of 189. ., according to the plans and specifications 

for the construction of said house appended to said contract. 



110 SCHOOL LAWS OF IOWA. 

Now, therefore, if the said shall faithfully and fully comply 

with all the stipulations of said contract, then this obligation shall be void, other- 
wise remain in full force and virtue in law. 

In testimony whereof we have hereunto subscribed our names this 

day of , 189.. 

Principal. 



Suret%es\ 



NUMBER 9. 

'Bond of President. 
[Chapter 24, Laws of 1890.] 

Know all Men by these Presents: 

That we , of the countj' of , 

as principal, and as sureties, 

are held and firmly bound nnto the county of , and state 

of Iowa, in the penal sum of Five Hundked Dollars, for the payment of which 
we bind ourselves, our heirs, executors and administrators, firmly by these 
Ijresents. 

The Condition of the Foregoing Obligation is, That, whereas, the above named 

, as president of the board of directors of the 

, is required by section 1 of chapter 

24, laws of 1890, to take charge of, care for, and account for, all text-books and 
supplies, and to return all moneys received from the sale of such books and sup- 
plies to the contingent fund of said district; now, if the said 

shall promptly pay over to the treasurer of the district all money which may 
come into his hands from the sale of books and supplies, and shall account in full 
at any time for all books and supplies coming into his hands, and at the close of 
his term of office shall deliver to any person or officer authorized to receive the 
same, all books and supplies unsold, and make full settlement as required by law, 
then this bond to be void, otherwise in full force. 

Signed this day of , 189. . 



Note. — At least two sureties are required, who must be resident freeholders of 
this state, and each of whom must make the affidavit as surety, required by 
section 249, Code. Both the principal and sureties must qualify before some one 
empowered to administer oaths. 



SCHOOL LAWS 01 IOWA. HI 



NUMBER 10. 

Notice to Publishers of School Text-books. 
[Chapter 24, Laws of 1890.J 

Notice is hereby given that in accordance with section 5, chapter 24, laws of 

1890, bids will be received up to of the day of 

, 189.., by .at 

, for the following text-books and supplies for 



the use of the schools of said. 



Readers, First to Fifth, inclusive. 

Ai'ithmetics, two books 

Speller 

Geographies, two books 

United States History. 

Grammar 

Language Lessons 

Copy books, 1-5 inclusive 

Physiology 



Approximate Number Needed for First Supply. 



Approximate number of pupils in attendance upon the schools of said 

, during the year 189 .. , 

Samples of all text-books included in any bid must be deposited and remain in 
the office of the county auditor, m accordance with section 7 of said act. 
The board reserve the right to reject any or all bids, or any part thereof. 

, President. 

, Secretary. 

, 189.. 



NUMBER 11. 

Bond of Contractor. 
[Chapter 24, Laws of 1890. J 
Know all Men by these Presents: That we, 



of as principal, and. 



as sureties, are held and firmly bound unto 

in the penal sum of. 



to be paid to the said 

for which payment well and truly to be made, we bind ourselves, our heirs, execu- 
tors and administrators, firmly by these presents. 



112 



SCHOOL LAWS OF IOWA. 



The conditions of the above obligation are such that if the above bounden 

shall well and truly fulfill and comply 

with all the obligations of their contract made on the day of 

. . . . , 189 . . , with the aforesaid 

providing for the furnishing of school text-books at prices and on conditions set 
forth in their said contract, a copy of which said contract is hereto attached and 
made a part thereof, then this obligation to be void; otherwise to remain in full 
force and effect. 

In testimony whereof we have hereunto subscribed our names this 

day of , 189.. 



Pri7icipal 



Sureties. 

Note — At least two sureties are required, who must be resident freeholders of 
this state, and each of whom must make this aiiidavit as surety, required by sec- 
tion 249, Code. Both the principal and sureties must qualify before some one 
empowered to administer oaths. 



NUMBER 12. 

Petition for County Uniformity. 

[Chapter 24, Laws of 1890.] 

lo , County Superintendent, 

county, Iowa. 

In accordance Avith section 8, chapter 24, laws of 1890, we, the undersigned, 
holding the office of school director, ask for the adoption of a uniform series of 
text-books in the schools of said county, and that you take steps to submit the 
question to the electors of the county, at the annual school meeting m March, as 
provided for in section 9, of said act. 



NAMES. 


DISTRICT OR SUB DISTRICT 
NAME OR NUMBER. 


TOWNSHIP. 
















. 











., 189.' 



SCHOOL LAWS OF IOWA. US 



NUMBER 13. 

Form for' Gertificate of Appointment of School Officers. 

[Section 1730.] 

,189.. 

To : 

You are hereby notified that, at a meeting of tLe board of directors of the dis- 
trict township of in the county of , 

and state of Iowa, held on the . . . .' day of , 189. . , you were 

duly appointed {here name the office) in and for said district township, to fill the 
vacancy occasioned by the [here state the cause of the vacancy) of 



Secretary of the Board of Directors. 



Note — For the appointment of siibdireetor, insert in the above form the words 
subcUstrict uumber q/ immediately after the word for. 



NUMBER 14. 

Form for Bond of Secretary or Treasurer. 

[Section 1731.] 

Know all Men by these Presents: That I, , as principal, 

and and as sureties of 

the district township of , in the county of , 

and state of Iowa, are held and firmly bound unto the district township of 

, in the said county and state, in the penal sum of 

dollars, to be paid to the said district township of 

, for which payment, well and truly to be made, we bind 

ourselves, our heirs, executors and administrators firmly by these presents. 

The condition of the above obligation is such that if the above bounden 

, shall well and truly fulfill the duties of secretary 

(or treasurer) in the district township of , and county 

of and state of Iowa, to the best of his ability, 

according to law, then the above obligation to be void, otherwise to remain in full 
force and action in law. 

In testimony whereof we have hereunto subscribed our name this day 

of...... ,189.. 

•' 1 

Principal. 



Sureties. 



114 SCHOOL LAWS OF IOWA. 

State of Iowa, 



county, f '^' 



I, , do solemnly swear (or affirm) that I will support 

the constitution of the United States, and the constitution of the state of Iowa, and 
that I will faithfully and impartially discharge the duties of secretary (or treas- 
urer) of the district township of , in the county of 

, and state of Iowa, according to law and as provided by 

the condition of my bond above written . 



Subscribed and sworn to before me by the above named 

this day of , 189 . . 

In testimony whereof witness my hand and official seal. 



[seal.] Notary Public. 

State of Iowa, 



.county, f^^- 



I , being duly sworn, depose and say 

that I am a resident freeholder of the state of Iowa, and am worth the sum of 

dollars beyond the sum of my debts, and have 

property liable to execution in this state equal to the sum of « 

dollars. 



Subscribed and sworn to before me by the above named. 

this day of , 189. . 

In testimony whereof witness my hand and official seal. 



[seal.] Notary Public. 

Notes. — (a) See section 1731, notes. 

(b) The aggregate amount to which the sureties are required to qualify, is 
double the amount of the bond required. Section 249, Code. 



NUMBER 15. 

Form of Certificate for Election of the Officers of the Board, to the County Super- 
intendent, Auditor, and Treasurer. 

[Section 1736.] 

1 hereby certify that at a meeting of the board of directors of the district town- 
ship of , held on the day of 

, 189 . . , the following named officers were elected and have 

duly qualified according to law: 

, to the office of , P. O. Address 

, to the office of , P. O. Address 

Dated at , 189. . 



Secretary. 

Note. — All the officers of the board, in addition to the oath which they may 
have taken as members, must take the oath of office as pi-escribed by section 5, 
article 11, of the constitution. 



SCHOOL LAWS OF lOWA. 115 



NUMBER 16. 

Form of Draft on the County Treasury. 

[Sections 1739, 1785.] 

To , County Treasurer: 

Pay to , treasurer of the district township 

•of , in the county of , 

■and state of Iowa, dollars school-house fund, 

dollars contingent fund, and dollars teachers' fund, being the 

amount of taxes collected and due this district, for the quarter ending on the 

first Monday of , as shown by your notice of , 

189.. 



President. 



Secretary. 

Note. — Whenever a draft is drawn on the county treasui'y, it is the duty of the 
secretary to charge the district treasurer with the amount named in the draft, 
keeping a separate account with each fund. Section 1783. 



NUMBER 17. 

Form of Order on District Treasury. 

[Section 1739.] 

% '...., 189. 

To , treasurer of the district townshij) of. 



Pay to , or order, the sum of dollars 

from the {here state the fund) fund for {here state the object for which drawn). 



President. 



Secretary. 



Note. — No order shall be di'awn on the district treasury, until the claim for 
which it is drawn has been audited and allowed. Section 1733. 

All orders drawn on the district treasury should be registei'ed by the secretary 
as per form 20. 



116 SCHOOL LAWS OF IOWA. 



NUMBER 18. 

Form of Lease. 

[Section 1739.] 

Know all Men by these Presents; That . , of the county of 

and state of Iowa, foi' the consideration hereinafter 

mentioned, does liereby lease unto , president of 

the board of directors of the district township of , in the 

county of and state of Iowa, or his successor in ofl&ce, 

for the use of said district township for school purposes, the following described 
premises, situated in the county and state aforesaid, to-wit: [Here describe the 
house and lot or parcel of gy-ound) together with all the privileges thereto belong- 
ing, for the term of from the day of 

189.. 

The said president as aforesaid, or his successor 

in office, hereby agrees to pay the said for the use of 

said premises, the rate of dollars to be paid 

at the expiration of this lease. 

In testimony whereof we have hereunto subscribed our names this 

day of , 189.. 

Signed in duplicate. 



President. 

]vj'oxE. — As a matter of safety, the above lease should be executed in duplicate, 
one to be held by the secretary of the board, and the other by the lessor. The 
lease should be approved by the board, as in case of a contract, and should be filed! 
with the secretary. 



NUMBER 19. 

Form of Deed. 
[Section 1739.J 

Know all Men by these Presents: That we, and 

, h , of the county of ." 

and state of Iowa, in consideration of the sum of dollars 

in hand paid, do hereby sell and convey unto the district township of , 

in the county of , and state of Iowa, the following 

described premises, situated in the county of , and state 

of Iowa, to-wit: {Her^e describe the lyremises.) 

And we do hereby covenant with the said district township that we are lawfully 
seized of said premises; that they are free from incumbrance; that we have good 
right and lawful authority to sell the same; and we do hereby covenant to warrant 



SCHOOL LAWS OF IOWA. 



IIT 



and defend the title to the said premises against the lawful claims of all persons 
whomsoever. 



Signed this. day of 



., 189. 



State of Iowa, 



I, 



., 189.., before 



county. 

On this day of. 

•me, a notary public in and for said county, personally came 

and , h , personally to me known to be the identical 

persons whose names are affixed to the above deed, for the purposes therein 
•expressed. 

Witness my hand and notarial seal this day 

[L.S.] of ,189.. 



Notary Public. 

Notes. — (a) In purchasing the grounds for school-house purposes, the presi- 
dent should require an abstract of title and satisfy himself that the property is 
free from incumbrance. Let the property in all cases be conveyed to the district 
in its corporate name. The deed should be recorded and afterwards filed with 
the president. 

(b) In case of the donation of school-house site, the following reversionary 
■clause may be appended to the deed: Frovided, that if, Jor the space of two con- 
secutive years said premises shall cease to be used for school purposes, the same shall 
revert to the original donor; his heirs or assigns, without legal hinderance or expense. 

(c) Since, by section 1827, the receipt of the treasurer for the money deposited 
with him, for the owner of the land, may be the only evidence of title, such receipt 
should have a full description of the property, contain the proviso of note (b) 
of this form with this addition: upon the repayment of the principal amount paid by 
the district, without interest, together with the value of any improvements thereon 
made by the district, and the receipt should be recorded by the county recorder. 



NUMBER 20. 

Form, of Order Register of Secretary and Treasurer. 

[Section 1741.] 



IN WHOSE FAVOR 
DRAWN. 



FOR WHAT PURPOSE. 



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April 7, 189.. 
April 7, 189.. 
April 7, 189. . 
May 10, 189.. 
5 'May 14, 189 . 



John Smith... 
A. J. Adams. . 
Joel B. Young. 
Thos. Harrison 
Sarah Johnson 



Teaching school 

Rep. on school-house. 

Fuel 

Erection of S. -house.. 
Teaching school 



5.00 
125.00 



5.00 



$45.00 



63.74 



11^ SCHOOL LAWS OF IOWA. 

Note. — The law requires both the seci'etary and treasurer to keep a register of 
all orders drawn on the district treasury, containing a record of each item 
enumerated in the above form. 

Whenever orders are drawn, the secretary should register them and furnish the 
treasurer with a transcript of the same to place upon his register. 

Whenever partial payment is made, the treasurer should indorse the payment 
on the order and take a receipt for the amount paid. When paid in full, the 
order should, in all cases, be indorsed by the person presenting it, and left with 
the treasurer. It is then a voucher for the amount paid. 



NUMBER 21. 

Form of Notice of District Meeting. 

[Section 1742.] 

Notice is hereby given to the qualified electors of the district 

of , in the county of , 



and state of Iowa, that the annual meeting of said district will be held at 

, on the second Monday in March, 189. ..at o'clock . . m., for the- 

transaction of such business as may legally come before it. 



Secretary. 
189.. 



Notes.— (a) The above notice must be posted in five difl'erent conspicuous, 
places in the district and a copy of the same furnished to the teacher of each 
school in session to be read to the pupils thereof. In independent districts, insert 
immediately after the word for, in the concluding part of the notice, the word» 
the election of officers and in accordance with the provisions of sections 1807;- 
1808, and section 4, chapter 8, laws of 1880. 

(&) The same notice, slightly changed, may be given for the extra meetings 
provided for in sections 1717i, 1807^, and 1822, changing the time of holding the 
election to- suit the circumstances of the case. 



SCHOOL LAWS OF IOWA. 



119 



NUMBER 22. 

[Section 1745.1 

Report of the Secretary oj the District 

of , for the Year Ending September. 



., 189. 



DIS- 
TRICTS. 


SCHOOLS. 


TEACHERS AND PUPILS. 


GENERAL. 


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* Leave these totals blank. 



120 SCHOOL LAWS OF IOWA. 

STATISTICS OF BLIND, DEAF AND DUMB, AND FEEBLE-MINDED. 



NAME. . 


AGE. 


NATURE OF 
DEFECT. 


NAME OF PAR- 
ENT. 


P. O. ADDRESS. 










































































1 ■ 







I hereby certify that the foregoing report is correct. 
post office, September , 189 , 



Secretary. 



Notes.— (^aj At the regular meeting in September, call the attention of your 
board to section 690, Code, which directs it to settle in full with the treasurer, and 
require liim to account for and produce all funds and property under his control. 
The fact that the treasurer has made a complete settlement, and that he is in 
possession of the funds, should be indorsed on the new bond. This will furnish 
the legal proof that the treasurer has the funds in his possession. 

(b) Two or more terms taught in the same school-house, the same year, con- 
stitute but one school. 

(c) Express all fractious decimally; omit cents in the valuation of school- 
houses and apparatus. 

(d) To find the average daily attendance in the district, divide the sum of the 
total attendance in days, as shown by the register of the teacher or teachers, by 
the number of days the school has been taught. 

(e) To find the average cost of tuition per month for each pupil, divide the total 
amount paid teachers by the number of months, and this quotient by the average 
daily attendance. 

(J) The average compensation per month averages between winter and summer 
schools, or of all the teachers of the same grade employed in a given district. 

(g) Secretaries must file their I'eports with the county superintendent immedi- 
ately after the meeting of the board, on the third Monday in September. 



SCHOOL LAWS OF lOWl 



121 



NUMBER 23. 

Fo7'7n for the Treasurers' AcG0U7it with the Teachers' Fund. 

[Sections 1747, 1748. J 
, Treasurer, in account with Teachers' Fund. 



Dk. 



Sept. 28, 189. 

Oct. 5, 189. 

Jan. 4, 189. 

April 5, 189. 

April 5, 189. 



July 



189. 



To cash received of County Treasurer, semi-annual appor- 
tionment 

To cash received of County Treasurer, district tax 

To cash received of Countj'^ Treasui'ei", district tax 

To cash received of County Treasurer, district tax 

To cash received of County Treasurer, semi-annual appor 
tionment , . . . . 

To cash received of County Treasurer, district tax 



$ 270.00 

75.00 

150.00 

197.00 

135.00 
100.00 



Treasurer, i7i account with Teachers' Fund. 



Cr. 



Oct. 13, 189. .jBy cash paid James Hogan, on order No. 1 

Oct. 13, 189. . By cash paid Sarah Smith, on order No. 3 

Nov. 14, 189. . By cash paid Nicholas Hoover, on order No. 4. 

May 3, 189. . By cash paid Louisa Mai'tin, on order No. 7 . . . 

May 4, 189. . By cash paid Jas. M. Higgins, on order No. 10. 

May 4, 189. . By cash paid Stephen Phelps, on order No. 11. 

May 5, 189.. . By cash paid Amelia Mason, on order No. 13. . 



136.0C 
89.00 

135.00 
82.00 

115.00 

175.00 
95.00 



Note. — A similar account is to be kept with the school-house fund and contin- 
gent fund, and a statement of the condition of any fund is to be rendei'ed at any 
time when required by the board. By keeping a correct account of the orders, as 
per form 20, the treasurer will know the amount outstanding, and can readily 
determine what per cent on each he can pay with the funds on hand. 

The above form is intended for separate pages opposite each other. 



NUMBER 24. 
[Section 1751. i 



Report of the Treasurer of the District 

of , Jor the year ending September , 189 . . 

Dr. school-house fund. Cr. 



On hand at last i-eport 

Received from district tax. . . 
Received from other sources. 



» Total. 



Paid for school-houses and sites. 

Paid on bonds and interest 

Paid for library and apparatus . . 

Transferred to other funds 

Paid for other purposes 

On hand 



Total. 



122 
Dr. 



SCHOOL LAWS OF IOWA. 

CONTINGENT FUND. 



Cr. 



On hand at last report 

Receiv^ed from district tax 

Received from sale of text-books 

and supplies 

Received from school-house fund 

and other sources 



Total. , 



Paid for fuel, rent, repairs, insur- 
ance, and janitors 

Paid secretary and treasurer.. . . 

Paid for records, dictionaries, 
and apparatus 

Paid for text-books and supplies 
to be resold 

Paid for general supplies 

Paid for other purposes 

On hand 



Total . 



Dr. 



teachers' fdnd. 



Cr. 



On hand at last report 

Received from district tax 

Received from semi-annual appor- 
tionment 

Received by transfer from school- 
house fund 

Received from other sources 



Total. 



Paid teachers since last report. 
Paid other districts for tuition. 

Paid for other purposes 

On hand 



Total . 



I hereby certify that the foregoing report is correct. 
post office, September , 189. 



., Treasurer. 



Notes. — (a) The totals of the debit and credit columns in each fund must, in all 
CASES, BE EQUAL; the report should exhibit the exact amounts received and paid 
out by the district since the date of last report. Unpaid orders are not to be 
reported. 

[b] The amount on hand at last report must be identical with the amount 
reported on hand in your last report to the county superintendent. 

(c) The treasurer is required to make a full report to the board, at the expira- 
tion of his term of office on the third Monday of September, and to file a copy of 
the same immediately with the county superintendent. Section 1751 and notes. 

[d] The report must be made in the identical items printed on this blank. Any 
deviation or interlining simply causes the county superintendent the trouble of 
condensing. Itemize fully, and take pride in making patrf for other purposes 2iS 
small as possible. 

(e) The report made to the county superintendent should be identical with the 
final report for a full year made by the ti'easurer to the board at its meeting on the 
third Monday in September. 



SCHOOL LAWS OF IOWA. 



12a 



NUMBER 35. 
Form of Contract between Subdirecto?' {or Secretary), and Teacher. 
[Sections 1753, 1757, 1758.] 

This contract, between of county, Iowa, 

and , subdirector of subdistrict No .... of the district 

township of , in the county of . . . .- and state of Iowa, witnesseth: 

That the said , agrees to teach the public schools in said sub- 
district for the term of weeks, commencing on the day 

of , 189. . , and well and faithfully to perform the duties of teacher in 

said school, according to law, and the rules legally established for the government 
thereof, including the exercise of due diligence in the preservation of school 
buildings, grounds, furniture, apparatus, and other school property. 

In consideration of said services, the said , as subdirector aforesaid, 

in behalf of said district township, agrees to pay the said , the 

sum of dollars per school month, at the end of ^ 

and to perform all the duties required by law as such subdirector. 

Witness our hands this day of , 189. . 



Teacher. 



Subdirector. 
The within contract is hereby approved this day of , 189. 



President. 

Note. — With a little variation the above form will answer for independent 
districts. The subdirector should file the contract with the president and secure 
his approval before the teacher enters upon his duties. The president cannot 
withold his approval, unless there has been a violation of law, or the instructions 
of the board have been disregarded. 



NUMBER 26. 
Form for List of Hiads of Families and Children, to be kept by Subdirectors . 

[Section 1754. J 



PARENTS OR GUARDIANS. 




John Smith. . 
James Jones. 
..^nna Byron. 



Peter Smith 

Eliza Smith 

William Jones 

Charles Peters, (wardj. 
James Byron 



Male. . . 
Female. 
Male. .. 
Male. . . 
Male . . . 



10 years. 
12 years. 
8 years. 
15 years. 
12 years. 



Note. — The above list should be recorded in a book, and carefully preserved 
with the records of the subdistrict, from this record the subdirector will be able to 
make his annual report to the district secretary, as required by section 1755. 



124 



SCHOOL LAWS OF IOWA. 






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126 



SCHOOL LAWS OF IOWA. 



No. 



NUMBER 29. 

Form of Teacher's Certificate. 

[Sections 1766, 1767.] 

TEACHER'S CLASS CERTIFICATE. 

Office of County Superintendent, 

county, Iowa, 

, 189.. 



This certifies that iv • • -has passed an examination, as 

required by law, with results hereto appended, and that possesses a 

g"ood moi'al character, aptness to teach and ability to govern. I hereby authorize 

to teach in the public schools of county for a period 

of months from the date of this certificate. 



Per cent 



Orthography. 

Reading 

Writing 

Arithmetic. . . 
Geography.. . 
Grammar. , . . 
Physiology. . . 



Per cent. 



U. S. History 

Effects of stimulants, etc. 

Theory of teaching 

Practice of teaching; 



County Superintendent. 
Note. — This certificate is valid only in the county where granted. 



SCHOOL LAWS OF TOWA. 



127 



NUMBER 30 

Form for Monthly Report oj Institute Fund. 
[Section 1769.] 

Keceived from examination fees, for tlie month of , and paid 

to the treasurer of county, Iowa, as required by Chapter 57, 

Laws of 1874, as amended by Chapter 54, Laws of 1878. 





NAME OF APPLICANT. 


AMOUNT 
KECEIVED . 




NAME OF APPLICANT. 


AMOUNT 
RECEIVED . 


1 




$ 




27 
28 
29 
RO 




$ 




?. 














9, 














4 














^ 








31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 








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31 














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38 














34 














35 














36 






















Total ... 


$ 












I certify that the above report is correct. 
, Iowa. . . . . 



.1, 189.. 



County Superintendent, 



Notes— (a) The monthly report and payment of institute fund required by 
section 1769 should be made on the first day of each month. 
[h] By section 1769, one dollar must be paid by every applicant for a certificate. 



128 SCHOOL LAWS OF IOWA. 



NUMBER 3L 

Form for Beceij)t of Institute Fund. 
[Section 1769. J 



RECEIVED OF , Superintendent 

of scliools county, Iowa, dollars 

institute fund. 

, , Iowa. , 

1, 189. . County Treasurer. 



NUMBER 32. 

'P'orm of A2^2^Ucation for Teachers' Normal Institute. 

[Sections 17G9 and 1584.] 

Office of County Superintendent, ) 
, county 189.. ) 



To the Superintendent oj Public Instruction: 

From satisfactory evidence on file in this office, I hei'eby certify that not less 

than twenty teachers desire to assemble at , 

county, Iowa, on the day of , 189. ., 

for the purpose of holding a teachers' normal institute, to remain in session for a 
period of weeks. 

I shall act as director, and have appointed subject to your approval, 

conductor, 

and , assistants 

and hereby request your concurrence in said appointments. 



County Superintendent. 



SCHOOL LAWS OF IOWA. 



129 



NUMBER 33. 

Form for Report of Eegistration Fees, InstittUe Fund. 

[Section 1769.] 

Received from registration fees of normal institute, held at , 

commencing , 189. ., for a period of , weeks, and 

paid to the treasurer of county, Iowa, as required by 

Chapter 57, Laws of 1874, as amended by Chapter 54, Laws of 1878. 



NAME OF TEACHER. 



AMOUNT 
RECEIVED. 



NAME OF TEACHER. 



AMOUNT 
RECEIVED. 



■\ 




$ 




27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 




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?,5 














36 








State appropriation 
Total 




















$ 













I hereby certify that the above report is correct. 



County Superintendent. 



Iowa. 

189.. 



130 SCHOOL LAWS OF IOWA. 



NUMBER 34. 

Form of Order on Institute Fund. 

[Section 1769.] 

Office of CouNxr Sdperintkndent, 
$ county, ,189.. 

To ■ , Treasurer of county : 

Pay to , or order, dollars out of the 

institute fund, for , as per bill No , approved this 

day, as required by law, and on file in my office. 

No , 

County Superintendent . 

Note. — The county superintendent must pay to the county treasurer all moneys 
receiyed for the institute fund, including tlie warrant for the state appropriation. 
He should not issue warrants for a greater amount than the funds in the hands of 
the county treasurer will pay off and satisfy. 



NUMBER 35. 

Form for Eevocation of Teacher's Certificate. 

[Section 1771.] 

Office of County Superintendent, 
county, , 189 . . 

To the Boards of School Directors in the county oj , and State 

of loiva : 

Whereas, On the day of 189 . . , a certificate was 

issued authoi'izing to teach in the public 

schools of this county ; and, 

W^HEREAS, Upon due examination, of which the said 

received personal notice, and was permitted to be present and make 

defense, it appeared that the said , in consequence of 

{here stale the oftense — gross immorality , for example), is unworthy longer to retain 
the same. 

Now, therefore, in pursuance of the provisions of section 1771, of the school 
laws of the state of Iowa, the said certificate is hereby revoked, to take effect 
from and after the date hereof. 



County Superintendent. 

Note. — A copy of the above revocation should be transmitted to the secretary 
of each district, and the secretary should immediately notify each subdirector in 
his district of the fact. The teacher should also be served with a copy. 



SCHOOL LAWS OF IOWA. 



131 



NUMBER 36. 

Form for Certificate to the Board of Supervisors of the Tao: Determined by the 

Board of Directors. 

[Section 1777.] 

, 189.. 

To the Board of Supervisors of county : 

I hereby certify that a tax of dollars was this day 

determined by the board of directors of the district township of in the 

county of , , and state of Iowa, for the contingent fund, 

and dollars for the teachers' fund as provided 

in section 1777 of the Code. 



Secretary 



NUMBER 37. 

Form of Certificate to the Board of Supervisors of Tax Voted by the District 

Township. 

[Sections 1777, 1778. J 

, 189.. 

To the Board of Supervisors of. ... , county, Iowa: 

I hereby certify that at a meeting of the electors of the district township 

of , in the county of , and state of Iowa, 

held on the second Monday in March, 189. ., a tax of dollars was voted 

for school-house purposes; and that this tax has been apportioned by the board 
of directors among the subdistricts as follows: 

Upon subdistrict No. 1, dollars. 

Upon subdistrict No. 2, dollars. 

Upon subdistrict No. 3, dollars. 

Upon subdistrict No. 4, dollars. 

Upon subdistrict No. 5, dollars. 

Secretary. 

Note. — All school-house taxes voted by the district township electors, must be 
apportioned among the subdistricts. Section 1778. 



132 SCHOOL LAWS OF IOWA. 



NUMBER 38. 

Form for Certificate of Tax voted by a Subclistrict, and not Oranted by the District 

Totvnshijy Electors. 

[Section 1778.] 

I hei-eby certify ttiat tlie electors of subclistrict No ia the district 

township of , at the last annual meeting, voted to raise the 

sum of . . .dollai's, for school-house -purposes, more than was granted! 

by the electors of said district township . 



Secretary. 

., 189.. 



Note. — The subdistrict electors may vote a tax for school-house purposes and 
certify the same to the distinct township meetiag. Form 5. Whatever portion of 
this sum the township electors neglect or refuse to grant, must be certified to the 
board of supervisors to be leviea directly upon the subdistrict making the request. 
Section 1778. 



NUMBER 39. 

Form for Notice from the County Auditor of the Amount of Semi-annual Appo^ . 

tionment. 

[Section 1783.] 

Office of County Auditor, 
, county, ,189., 

To , 

President of the Disti^ict Tow7iship of 

Sir: — You are hereby notified that according to the semi-annual apportionment 

made this day, as pi'ovided by section 1781, Code, the sum of dollars is 

due the district township of , in the county of 

, and state of Iowa, for which I hand you herewith my 

warrant on the county treasurer. 



County Auditor. 

Note. — This warrant must be signed by the president and countersigned by the 
secretary of the board, to authorize payment of the amount named therein upon 
presentation by the district treasurer. 



SCHOOL LAWS OF IOWA. 133 



NUMBER 40. 

Form of Certificate of Election of County Superintendent. 

[Section 1783.] 

Office of the County Auditor, 
county, 189 . . 

I hereby certify that was elected to the office of 

county superintendent, for the tei-m commencing January , 189. . 

His post office address is , Iowa. 



County Auditor. 

Note. — This certificate should be forwarded to the superintendent of public 
instruction immediately after the result of the election is officially determined. 



NUMBER 41. 

Form for Certificate of Qualification of County Stcperintendent. 

[Section 1783.] 

Office of County Auditor, 
coiinty, , 189. . 

I hereby certify that ; has duly qualified for the 

office of county superintendent, as required by sections 675 and 678, Code, for the 
term commencing January , 189. . 

His post office address is , Iowa. 



County Auditor. 

Note — This certificate should be forwarded to the superintendent of public in- 
struction as soon as the qualification and bond is filed in the office of the county 
auditor, after such bond has been approved by the board of supervisors. 



134 SCHOOL LAWS OF IOWA. 



NUMBER 42. 

Form for Notice from County Treasurer of School Tax Collected. 

[Section 1785.] 

Office of County Treasurer, 
county, , 189 . . 

To President of the Board of Directors of the 

District Township of : 

You are hereby notified that the amount now collected and due the district 

township of , in county , 

Iowa, is: 

$ school-house fund. 

$ contingent fund. 

$ teachers' fund. 



County Treasurer. 

Note. — It is the duty of the county treasurer to notify the president of the board 
of each disti-ict, quarterly, of the amount collected for each fund and pay it to the- 
district treasurer on the warrant of the president countersigned by the secretary. 

On the first Monday in April of each year, the county treasurer also renders a 
statement of the amount of taxes uncollected in each district township. Section 
1784. 

The treasurer is required to pay over the amount of each fund collected,, 
monthly, to independent disti-icts, on the oi'der of the board. 



NUMBER 43. 

Form of Notice Permitting the Attendance of Pupils from Adjoining Districts. 

[Section 1793.] 

To , Secretary of the Board of Directors of the 

District Township of .• 

Notice is hereby given that 

and , pupils residing in the district township of 

, have been granted permission by the board and 

county superintendent to attend school in subdistrict No , in the district 

township of , commencing on the 

day of , 189. ., for a term of months. 

Dated at , 

189.. , 

President. 

Secretary. 



SCHOOL LAWS OF IOWA. 135 

Note. — By section 1793, when boards cannot agree on the attendance of scholars 
in adjoining districts, they may attend, if the other conditions of law are fulfilled, 
by permission of the board where they wish to attend, and the consent of the 
county superintendent of the county where they reside, but tuition can be col- 
lected only from date of the official notice. 



NUMBER 44. 
Form of AjypUcation for Appointment of Appraisers of School-house Site. 

[Section 1827.] 
To , Superintendent of county, Iowa: 

In accordance with the action of the board of directors of the district township 

of , you are hereby requested to appoint 

three disinterested persons to inspect, and assess the damages which the owner 
will sustain by appropriating for school purposes, the following described real 
estate, viz : . ,. > 



Dated at , 

, 189.. 



President. 
Secretary. 



NUMBER 45. 
Form for Appointment of Appraisers of Site for School-house. 
[Section 1827.] 
To , and 



You are hereby appointed and constituted a board of appraisers, under the pro- 
visions of section 1827 of the Code to assess the damages which the owner will 
sustain by the appropriation for school purposes, of the following described real 
estate, viz : 



in subdistrict No , of the district township of 

in the county of , and state of Iowa, contain- 
ing one acre of land, exclusive of highway. 

You will therefore, oq the day of , 189. ., 

at o'clock m., proceed to examine the real estate above described, and 

assess, under oath, the cash damages which the owner will sustain by the appro- 



136 SCHOOL LAWS OF IOWA. 

priatioa of said land for school purposes, and immediately thereafter report to 
me in writing the amount of said damages. 
Dated at 



County Superintendent. 
Oath of Appraisers. 



We, , and , 

do solemnly swear that we will well and truly, and to the best of our ability per- 
form all of the duties imposed upon us by the foregoing commission. 



Subscribed and sworn to before me by 

and , this day of , 189. 



Note. — Sufficient time must be allowed between the appointment of this com- 
mission and the time set for appraising the damages to give the owner legal notice 
thereof. 



NUMBER 46. 
Form of Notice to Owner oj Real Estate of Appointment oj Appraisers. 

[Section 1827.] 
To , : couuty, Iowa: 

You are hereby notified that I have this day appointed appraisers to assess the 
damages which the owner will sustain by the appropriation for school purposes; 
of the following described real estate, viz : 



Said appraisers will meet at the above described real estate, on the day 

of , 189. ., at o'clock, ... m., and assess said damages as 

provided by section 1837 of the Code of Iowa. 

Dated at , 

,189.. , 

County Stcperintendent. 



SCHOOL LAWS OF IOWA. 137 



NUMBER 47. 
Form for Report of Appraisement of Property for School Purposes. 
[Section 1827.J 
To. , Superintendent of county, iowa: 

We, the undersigned, having been appointed to appraise the damages which the 
owner will sustain by the appropriation, for school pui'poses, of the following 
described real estate, viz. : 



do hereby report that we have on this day of. , 189. ., 

carefully examined said described real estate, and have appraised the damages 
at dollars. 

Dated at , . .., 

, 189.. 



Appraisers. 



NUMBER 48. 
Form of Notice of Assessment of Damages. 
[Section 1827.] 
To. , . ., county, Iowa: 

You are hereby notified that appraisers were appointed to assess the damages 
which the owner would sustain by the appropriation for school purposes, of the 
following described real estate, viz.:. '. 



and that said appraisers met at said premises on the day of 

189. ., and assessed said damages at.' dollars, as shown by their report 

on file in my office. 
Dated at. .,..,.,... 



County Superintendent. 



138 SCHOOL LAWS OF IOWA 



NUMBER 49. 
Form of Affidavit of Appeal. 

[Section 1830.] 

State of Iowa, | 
county, f ^^- 

V.-: [ 

District Township of 5 

I, , being duly sworn, on oath, say: that on 

the clay of ., 189. ., the board of directors of 

said district township rendered a decision (or made an order) whei'eby (/tere, state 
facts showing affiaiiVs interest in the decision, and the injury to that interest;) that 
said board in rendering the decision (or making the order) aforesaid, committed 
errors as follows: [Here state the errors charged.) 

Subscribed and sworn to by before me, this 

day of , 189.... 



NUMBER 50. 

Form for Notice of Appeal. 
[Section 1832.J 



State of Iowa, , 
county. ^^''• 



V. 

DiSTKiCT Township of. 



To , ..., 

Secretary of the Board of Directors of the District Township of.. ............ .: 

Yoxi are hereby notified that .has filed in my office an affidavit 

alleging that said board of directors, on the.. .... .day of , 189. ., 

made a decision [or an order) whereby [here describe the decision or order so that 
the secretary may identify it), and claiming an appeal therefrom. You are 
therefore required within ten days after receiving this notice, to file in my office 

at i , in said county, a complete transcript of the record 

of the proceedings of the board relating to said order, together with copies of all 
papers filed with you pertaining to said action appealed from. 

Dated at , 

, 189... 



County Superintendent. 



SCHOOL LAWS Ot iOWA. 139- 



NUMBER 51. 

Form of Certificate to District Secretary's Transcript. 

[Section 1832. J 

I, , secretary of the board of directors of the- 

district township of , in the county of , 

Iowa, hereby certify that the foregoing is a correct and complete transcript 
of the record of all proceedings of the board and of all papers filed relating to 
the case v 

Dated at , 

,189.. 



Secretary. 

Note. — The secretary's transcript will contain : 

A copy of all that portion of the records of the proceedings of the meeting, 
relating to the action appealed from, with the date of tlie meeting. 

A copy of each petition, remonstrance, plat, or other paper x'elating to said 
action, submitted to the boai-d, to which will be annexed the above certificate. 



State of Iowa, 
cou 



V. 

District Township of 



NUMBER 52. 

Form for Notice of Hearing of Appeal. 
[Section 1833.] 

nty.H^- 

{ 



To.... .....; 

You are hereby notified f hat there is on file in this office a transcript of the proceed- 
ings of the board of directors of the district township of 

at a meeting held on the day of , 

189.., in relation to (here describe the decision or order appealed from,), from 
which appeal has been taken; and that the said appeal will be heard before me 

at , in said county, on the day of 

, 189. ., at o'clock m. 

Dated at , 

, 189.. 



County Superintendent. 

Note. — The appellant, the president, the secretary of the board, and other 
parties known to be directly interested, should receive a copy of this notice. 



:40 SCHOOL LAWS OF IOWA. 



NUMBER 53. 
Form of Gertificate to County Superintendent's Transcript . 

' [Sections 1832, 1835. j 

I, , . , superintendent of 

county, Iowa, hereby certify that the foregoinpf is a correct and complete transcript 
of the records of all proceedings bad, evidence given, and papers filed, in my 
office, and my rulings thereon; also of my decision in the case 



Dated at 

.: 189. 



County Superintendent. 

Notes, {a) The date of filing every paper should be indorsed thereon, also 
in the case of motions, orders and rulings of the county superintendent. All oral 
motions and an abstract of the testimony should be reduced to writing at the time 
of trial . "' 

(b) The transcript of the county superintendent will consist of a literal copy of 
■every paper filed and all indorsements thereon, together with a copy of all testi- 
mony given, the whole arranged in chronological order, closing with the decisioa 
<Df the county superintendent in full, with the above certificate annexed. 



INDEX TO FORMS. 



NO. PAGE. 

Proceedings of district township meeting 1 105> 

Notice for annual meeting in subdistricts 2 10©' 

Proceedings of annual subdistrict meeting 3 10i> 

Certificate of election of subdirector 4 107 

Certificate of tax voted by subdistrict meeting. .,...., 5 107 

Proposals for the erection (or repair) of school-house G 108 

Contract for building school-house. 7 lOS- 

Bond for performance of contract 8 109 

Bond of president 9 110' 

Notice to publishers of school text-books 10 111 

Bond of contractor 11 111 

Petition for county uniformity 12 112 

Certificate of appointment of school officers 13 113 

Bond of secretary or treasurer. 14 113- 

Certificate of election of officers of the board 15 114 

Draft on county treasury 16 115 

Order on district treasury 17 115 

Lease of school-house site ■ 18 116' 

Deed of school-house site 19 116- 

Order register of secretary and treasurer 20 117 

Notice of district meeting 21 118 

Report of secretary 22 119' 

Treasurer's account with teachers' fund 23 121 

Report of treasurer 24 121 

Contract between subdirector and teacher. 25 123: 

List heads of families and children, kept by subdirectors 26 123' 

Teacher's daily register of attendance. 27 124 

Teacher's term report to district secretary 28 125 

Teacher's certificate ... 29 126 

Monthly report of institute fund 30 127 

Receipt of institute fund 31 128 

Application for teachers' normal institute 32 128 

Report of registration fees, institute fund 33 129 

Order on institute fund 34 130' 

Revocation of teacher's certificate 35 130- 

Certificate to supervisors of tax determined by board 36 131 

Certificate to supervisors of tax voted by district township 37 131 

Certificate of tax voted by a subdistrict, not granted by district 38 132' 

Notice from the county auditor, of semi-aiiniial apportionment 39 132' 



142 INDEX. 

NO. PAGE 

dertilicate of election of county superintendent ." 40 133 

Certificate of qualification of county superintendent 41 133 

jNotice from county treasurer of school tax collected 42 184 

Notice permitting attendance from adjoining districts 43 134 

Application for appointment of appraisers of site 44 1 35 

Appointment of appraisers of school-house site 45 135 

Notice to owner of real estate of appointment of appraisers 46 136 

Repox't of appraisement of propei'ty for school-house purposes 47 137 

Notice of assessment of damages 48 137 

Affidavit of appeal 49 138 

Notice of appeal 50 138 

Certificate to district secretary's transcript. 51 139 

Notice of hearing of appeal 52 139 

Certificate to the county superintendent's transcript 53 140 



INDEX. 



SEC. PAGE 

ACCOUNTS— 

District treasurer shall keep 1747 47 

County superintendent should keep 1769 62 

County auditor shall keep 1781 69 

Secretary shall keep 1782 69 

County treasurer shall keep 1784 70 

AFFIDAVIT— See Appeals. 

AGE- 

Legal age of pupils .' 1727 26 

For enuraeratioa 1745 46 

AGRICULTURAL COLLEGE AND FARM— 

Powers of board of trustees 1606 11 

College year 1610 11 

Duties of president 1611 12 

Tuition free to three from each county 1619 12 

Sale of liquors prohibited 1620 12 

What shall be taught 1621 13 

APPARATUS— 

Board of regents may purchase 1597 10 

No debts shall be contracted to purchase 1729 32 

Unappropriated contingent fund used to purchase 1729 32 

APPEALS— 

Who may take, and when taken 1829 98 

Affidavit, basis of 1830 98 

Affidavit shall set forth errors 1831 99 

County superintendent to notify secretary .1832 99 

Secretary to send up transcript 1 832 99 

Interested parties to be notified 1833 99 

Testimony heard and decision rendered 1834 100 

To the superintendent of public instruction 1835 100 

Judgment for money not to be rendered 1836 101 

Postage paid by party taking appeal 1836 101 

APPORTIONMENT — See Semi-annual apportionment. 

APPRAISERS— See School-house site. 

ASSETS AND LIABILITIES— 

Board shall decide 1715 17 

Settlement made 1820 91 

ATTENDANCE— 

In other districts 1793 72 

By nonresidents , 1794 74 

In another subdistrict 1795 74 



1^4: IFDEX. 

8EC. PAGE 

AUDITOR— See County Auditor. 

BARBED WIRE (Chap. 103, Laws of 1884)— 

Shall be removed from school grounds 1 41 

Shall not be used enclosing school grounds 2 41 

Penalty for failure or neglect to remove 3 41 

BIBLE— 

Shall not be excluded from any school , , .1764 57 

No pupil required to read, conti'ary to parent's wishes ,1764 57 

BLIND PERtsONS- 

Of school age, reported to county superintendent aBmially . .1745 46 

Must be reported annually to Iowa college for blind 1775 65 

BOARD OF DIRECTORS— 

Continue to act when district is divided .1715 17 

Divide assets and liabilities , 1715 17 

Choose arbitrators in case of disagreement 1715 17 

Call special meeting of electors, when 171 7^ 19 

Consist of three subdirectors, when. .1720 21 

Consist of subdirectors of the several subdistricts 1721 21 

Enter upon duties at regular meeting in March 1721 21 

Organize by electing president from own number 1721 21 

President simply entitled to vote as a member. 1721 21 

Elect secretary and treasurer at September meeting 1721 21 

Secretary and treasurer chosen outside the board, when 1721 21 

Secretary and treasurer have no vote, when 1721 21 

Hold regular meetings in March and September .1722 22 

Hold special meetings on call of president or request of board 1722 22 

Hold meetings at any place in civil township. 1722 22 

Shall make contracts to execute vote of district. .1723 23 

Must consult superintendent before erecting school-house 1723 23 

Proposals and contracts must be advertised for, when 1723 23 

Require bond for performance of contract .1723 23 

Choose site for school-house 1724 24 

Determine number of schools, and duration 1724 24 

Detei'mine where pupils shall attend school 1725 25 

Divide districts into subdistricts when necessary .1725 25 

Create no district for less than fifteen pupils of school age .1725 25 

May rent room and employ teacher for ten pupils .1725 25 

May establish graded schools .1726 25 

May select superintendent of .schools of district. 1726 25 

One or raoi'e schools must be taught in each subdistrict 1727 26 

Required to provide a school in each subdistrict. 1727 26 

Must ]3rovide for one or more schools, for at least six months 1727 36 

Released from obligation by county superintendent. 1727 26 

Not to change text- books oftener than once in three years 1728 27 

Electors may authorize board to change text-books 1728 27 

May buy books and sell at cost (Chap. 24, Laws of 1890) 1 27 

Must take bond of president. 1 27 

Shall certify contingent fund to buy books 2 28 

Shall advertise for bids 5 . 29 

May not displace books under five years. 6 29 

Member of, may not act as agent. 11 32 



INDEX. 145 

SEC. PAGE 

BOARD OF DIRECTORS— CoxNTiNUED— 

May use unappropriated coatingent fund to buy apparatus, 1729 32 

Shall contract no debts for apparatus 1729 33 

May appoint temporary president and secretary 1730 33 

Fill vacancy in the board or its officers ..... 1730 33 

Require secretary and treasurer to give bond 1731 34 

Bonds to be filed with the president 1731 34 

Examine accounts of treasurer and settle with him 1732 34 

Present statement to district township meeting 1732 34 

Audit and allow just claims. . « 1733 34 

Fix compensation of secretary and treasurer 1733 34 

Draw no order until claim is audited and allowed. . . , 1733 34 

Visit schools of their district, and aid teachers 1734 35 

Assist in enforcing rules and regulations 1734 35 

Discharge teacher after investigation 1734 35 

May dismiss or suspend pupils 1735 37 

May re-admit pupils after suspension 1735 37 

Require secretary to certify election of school officers 1736 39 

Make rules to govern subdirectors 1737 39 

Majority of board a quorum 1738 39 

Certify no tax after third Monday in May 1738 39 

Majority vote required to change boundaries of subdistricts 1738 39 

Members, except secretary and treasurer, receive no pay 1738 39 

President of board, duties of , 1739 43 

President shall act as counsel in suits 1740 44 

■ Secretary shall act as counsel in suits, when 1740 44 

Counsel may be employed by board 1740 44 

Proceedings of, to be recorded by secretary 1741 44 

Secretary of board give notice of district township meeting 1742 45 

Secretary of board shall keep accurate accounts 1743 45 

Audit accounts pi'esented by secretary 1743 45 

Secretary to notify superintendent when schools begin. 1744 4(5 

Secretary must report to superintendent annually 1745 46 

Secretary's report, what it shall consist of 1745 46 

Penalty for failure to file report , 1746 47 

Treasurer of, shall hold all moneys belonging to district 1747 47 

Pay funds on order of president, countersigned by secretary 1747 47 

Keep account of moneys received and paid out 1747 47 

Keep separate account with each fund 1748 48 

Pay no order which does not specify fund and object 1748 48 

Make partial payments on orders 1748 48 

Receive money apportioned to district 1749 49 

Receive district school tax 1749 49 

Register orders on district treasurer 1750 49 

May require statement from treasurer 1751 49 

Limit subdirector in making contracts 1753 51 

Responsible for township on contracts .1753 51 

Must have languages taught, when 1763 57 

County superintendent not to be a member of 1765 60 

Estimate amount of teachers' and contingent funds .1777 66 

Apportion school-house tax .1778 67 

10 



146 INDEX. 

SEC. PAGE 

BOARD OF DIRECTORS— Continued— 

Satisfy judgment with order 1787 71 

Must qualify on or before third Monday in March 1790 71 

Have no jurisdiction over independent-districts 1793 72 

May admit pupils from adjoining districts 1793 72 

May, with consent of county superintendent, admit pupils 1793 72 

Notify board of adjoining district, when 1798 72 

Fix terms of tuition, when 1 794 74 

Divide district into subdistricts, and change boundaries 17^6 74 

Cause description of subdistricts to be recorded 1796 74 

May consent to attach territory to adjoining township 1797 75 

May restore territory 1798 76 

Must restore territory, when 1798 76 

Establish boundaries of contemplated independent district 1801 77 

Give notice of election of directors 1 802 77 

May concur in change of boundaries 1809 84 

Submit question of consolidated organization 1814 89 

Make settlement under sections 1814-1819 1820 91 

Shall deposit amount of appraisement l''=27 96 

Shall pay costs of appraisement 1827 96 

Provide for payment of bonds (Chap. 132, Laws of 1878) 2 93 

Shall cause trees to be set out, (Chap. 23, Laws of 1882) 1 40 

May insure property (Chap. 149, Laws of 1882) 1 41 

Must have effects of stimulants taught (Chap. 1, Laws of 1886) 2 42 

May change boundaries, when (Chap. 62, Laws of 1888) 1 87 

BOARD OF EXAMINERS— See State Board oj Exanmiers. 

BOARD OF regents- 
Go vernor president of 1587 9 

Superintendent of public instruction member of 1587 9 

One member from each congressional district 1587 9 

Departments determined by 1589 9 

May confer degrees 1589 9 

Make laws to govern university 1596 9 

Appoint president and professors , 1596 9 

Fix salaries and tuition fees 1596 9 

Remove officer when required 1596 9 

Purchase library, apparatus, etc 1597 10 

Report to superintendent of public instruction 1601 10 

Report of, what it shall contain 1601 10 

BOARD OF SUPERVISORS— 

May submit question of establishing county high school 1698 12 

Appoint trustees of county high school 1699 13 

Fill vacancies in trustees of county high school 1711 15 

Allow compensation of trustees 1712 15 

Pay tuition of children in poor-house (Chap. 166, Laws of 1878) 1 72 

Levy tax to pay bonds, when (Chap. 132. Laws of 1880) 6 95 

County superintendent not to be a member of 1765 60 

Provide place for examination of teachers 1766 60 

May appropriate sum for normal institute 1769 62 

May grant county superintendent additional compensation 1776 66 

Levy taxes for school funds 1777 66 



INDEX. 147 

SEC. PAGE 

BOARD OF SUPERVISORS— Continued— 

Levy tax on subdisti-ict, when 1778 67 

Levy county tax of from oneto three mills 1779 68 

Limits of taxes for school purposes 1780 68 

Levy tax to pay money borrowed from school fund 1788 71 

Shall not divide school district, when 1799 76 

Levy tax for independent district just organized 1804 79 

Included in board of education (Chap. 24, Laws of 1890), 9 30 

BONDS- 

Required for performance of contract 1733 23 

Secretary and treasurer to give 1731 34 

Filed with president 1 731 34 

Independent district may issue, for erection of school-house 1821 93 

JRate of interest on 1821 93 

Electors to vote on question of issue 1832 92 

Denomination and time 1823 93 

Treasurer to negotiate at par 1832 93 

Principal and interest, how paid 1823 95 

"Trustees of county high school must give 1699 13 

Treasurer of county high school give additional 1704 14 

Treasurer of normal school must give (Chap. 129, Laws of 1876) 4 8 

Trustees may require of other officers (thap. 129, Laws of 1876). . . 4 8 

Any district issue for indebtedness (Chap. 133, Laws of 1878) 1 93 

Form of, and other requirements (Chap. 132, Laws of 1878) 1 93 

Any district issue for indebtedness (Chap. 51, Laws of 1880) 1 93 

Form of and other requirements (Chap. 51, Laws of 1880) i 93 

Board of independent district refund (Chapter 132, Laws of 1880).. . 1 94 

Rate of interest and other conditions (Chap. 132, Laws of 1880) 1 94 

Treasurer to sell (Chap. 132, Laws of 1880) 3 94 

Time to run (Chap. 132, Laws of 1880) 3 94 

Form and other requirements (Chap. 132, Laws of 1880) 4 95 

Provisions for payment (Chap. 132, Laws of 1880) 6 95 

President, gives for books and supplies (Chap. 34, Laws of 1890) 1 37 

Publishers give (Chap. 24, Laws of 1890) 7 30 

BOOKS— See Text- Books. 

BOUNDARIES— 

Of subdistricts may be changed .- 1796 74 

Plat filed with county officers 1796 74 

Of independent district may be changed 1809 84 

Of independent districts, changed 1814 89 

Of independent districts, changed (Chap. 133, Laws of 1878) 1 93 

Of independent districts, changed (Chap. 63, Laws of 1888) 1 87 

BRANCHES OF STUDY— 

Named by electors.. , 1717 17 

Detrmined by board 1726 25 

Directed by electors 1763 57 

CERTIFICATES— See Teachers. 

CHARTS— See Maps. 

CIVIL TOWNSHIP— 

Each a school district I713 16 

Change in boundary lines 1799 76 



148 INDEX. 

SEC. PAGE 

COMPENSATION— 

Of secretary and treasurer. .1733 34 

Members of board may not have 1738 3S> 

Of teachers 1757 54 

Of county superintendent 1776 66 

Of appraisers of site 1827 96 

CONDUCTOR OF INSTITUTE— See Teacher's Normal Institute. 
CONTINGENT FUND— See Fimds, 
CONSOLIDATION OF DISTRICTS - 

Independent districts may unite 1811 87 

■ Subdistricts of township may unite 1814 8J> 

Independent districts may consolidate 1814 89' 

CONTRACTS— 

Board to make, to execute vote of district. . 172.3 2S 

Subdirector to make, under rules and restrictions 1758 51 

When made by subdii'ector, must be approved by president .1753 51 

Teachers', must be in writing 1757 M 

Secretary or subdirector and teacher to sign 1757 54 

Approved by and filed with the president 1757 54 

Copy also filed with secretary 1757 54 

For text-books and supplies (Chap. 24, Laws- of 1890) 7 30 

CORPORATE NAME— See JVame. 
COUNTY AUDITOR— 

Member county board of education (Chap. 24, Laws of 1890). 9 SO 

Superintendent to file statement with, of time employpd 1776 6© 

Make semi-annual apportionment 17&1 69' 

Notify presidents of apportionment; issue warrants far same.. .1782 69> 

Certify election and qualification of superintendent .1783 69 

Forward certificate to auditor of state 1783 69 

Deduct cost of tuition from semi-annual apportionment, when 1793 72 

Record plat of districts 1796 74 

COUNTY HIGH SCHOOLS— 

Object of establishing , 1697 12 

County, with a population of 2,000 may establish 1697 12? 

Board of supervisors shall submit question of establishing 1698 13 

Votes for or against, how canvassed 1699 IS 

Board of supervisors appoint trustees 1699 IB 

, Bond and oath of trustees 1699 13' 

County superintendent, member of board 1699 13: 

When and how trustees are elected 1700 13' 

Terms of office of trustees 1700 IB 

County superintendent president of board 1701 13 

Secretary and treasurer appointed from board 1701 13 

Trustees shall make estimate of funds needed .* 1702 13 

Trustees shall present estimate to board of supervisors 1702 13 

Tax not to exceed two mills and five mills 1702 13 

Tax for, how levied and collected . .1703 14 

Tax to be paid to treasurer of county high school 1703 14 

Treasurer to give additional bond , 1704 14 

Duties of treasurer . .1704 14 

Secretary and treasurer to keep accurate account 1704 14 



INDEX. 149 

SEC. PAGE 

COUNTY HIGH SCHOOLS— Continued— 

Statement to be made, when 1704 14 

Board to select site for high school 1705 14 

Site to be without expense to county 1705 14 

Board to make purchases, contracts, etc 1705 14 

Board to employ teachers 1706 14 

Board to provide for payment of salaries 1706 14 

.Model schools to be encouraged 1706 14 

Tuition free to residents of county 1707 14 

Apportionment of pupils 1707 14 

Pupils from 'other counties may be admitted 1707 14 

Refractory pupils may be expelled 1709 15 

Rules and regulations for, how made 1709 15 

Trustees to make annual report to board of supervisors 1710 15 

Copy of report sent to superintendent of public instruction 1710 15 

Board of supervisors may fill vacancies 1711 15 

Compensation of members of board of trustees 1713 15 

COUNTY SUPERINTENDENT— 

Recommend plans for school-houses 1723 23 

May release boards from obligation to have schools taught 1727 26 

May require teacher to record mattei-s designated 1734 35 

Notified when school begins 1744 46 

Receive annual report from secretary 1745 46 

Receive annual report from treasurer 1751 49 

Grant certificate to tpach foi'eign languages 1763 57 

Not to be a member or officer of board of directors , , 1765 60 

Not to be a member or officer of board of supervisors 1765 60 

Examine teachers last Saturday of each month 1766 60 

Branches in which examination is made, specified 1766 60 

May have assistant examiners 1766 60 

May give certificate for special branches 1766 60 

Must give certificate if examination is satisfactory .1767 61 

^Examinations must be public 1768 62 

Keep record of examinations , 1 768 62 

Hold normal institute annually 1769 62 

With concurrence of state superintendent procure assistance 1769 62 

Require registration fee 1769 62 

Require fee from every applicant for certificate 1769 62 

Transmit moneys to county treasurer 1769 62 

-Make report to county treasurer 1769 62 

Issue orders upon institute fund 1769 63 

May appoint deputy, who cannot visit schools or try appeals 1770 64 

May revoke certificate of teacher 1771 64 

■Give personal notice of investigation - 1771 64 

Make annual report to superintendent of public instruction 1773 64 

File statement of number of youth with county auditor 1772 64 

Penalty for failure to file report 1772 64 

"Conform to instructions of superintendent public instruction 1774 65 

Visit schools on request of board of directors 1774 65 

Report the blind, and deaf and dumb 1775 65 

Compensation of , 1776 66 



150 INDEX. 

_ SEC. PAGE 

COUNTY SUPERINTENDENT— Continued— 

File statement of time employed 1776 66^ 

Attach territory to another township, when 1797 75' 

Appoint appraisers and give notice to owner of land 1827 96- 

Notify secretary to file ti'anscript 1833 99' 

Notify interested parties 1833 99 

Hear testimony and decide appeal 1834 100' 

Make provisions for institutes 1.584 7 

Member of board of trustees county high school 1699 13 

President board of trustees county high school .1701 13: 

Sex not a bar to the office (Chap. 136, Laws of 1876) 1 6a 

Member county board of education (Chap. 24, Laws of 1890) 9 30 

Chairman county board of education (Chap. 24, Laws of 1890) 10 32 

Report list of books, with contract prices (Chap. 24, Laws of 1890). 10 33' 

COUNTY TREASURER— 

Disburse institute fund on order of supei'intendent 1769 62- 

Pay over all collected taxes on first Monday in April .1784 70' 

Keep separate account with independent districts 1784 70- 

Render statement of uncollected taxes 1784 70" 

Pay over taxes quarterly 1784 70^ 

Keep school-house taxes separate from subdistrict, when ... .1784 70 

Pay taxes collected, to independent districts monthly 1784 70 

Notify presidents quarterly, of tax collected for each fund 1785 70- 

Pay taxes to district treasurers on warrants 1785 70 

Pay treasurer of county high school taxes collected. . . ; .1703 14 

COLNSEL— 

When president of board of directors may appear as 1740 44 

When president interested, secretary acts as 1740 ^ 44 

When board of directors shall employ 1740 44 

COURSE OF STUDY— 

Electors may add branches to 1717 IS 

Board may provide 1726 25 

Effects of stimulants must be included (Chap. 1, Laws of 1886) 1 42 

Electors may direct German or other language taught 1763 57 

DEAF AND DUMB PERSONS- 

Of school age reported to county superintendent annually 1745 46- 

Must be reported annually to Iowa School for the Deaf .1775 46 

DECISION— 

Of board may be appealed from 1829 98 

Of county superintendent final unless appealed from .1834 100 

Of superintendent of public instruction final 1835 100' 

DEPUTY SUPERINTENDENT— 

May be appointed 1770 64 

DIPLOMAS — See State Board of Examiners. 

Director — See Suhdirectors and Board of Directors. 

DISMISSAL— 

Of teacher 1734 35 

Of scholar in independent district 1735 37 

Of scholar in subdistrict 1756 5S 



INDEX. 151 

SEC PAGE 

DISTRICT TOWNSHIP— 

Each civil township a school district 1713 16 

Wheu left without officers, how supplied 1714 16 

When divided, boaz-d act until next election 1715 17 

Respective boards divide assets 1715 17 

Arbitrators chosen in case of disagreement 1715 17 

Division of assets when independent districts are formed 1715 17 

Corporate name 1716 17 

Hold annual meeting 1717 17 

Dispose of property, authorize additional branches 1717 17 

ObtaiQ highways 1717 17 

Transfer of school-house fund 1717 17 

Hold special meeting when necessary 1717^ 19 

Suit to be brought in name of 1731 84 

Claims against, audited by the board 1733 34 

Bring suit if secretary fails to make annual report 1746 47 

Bring suit if treasurer fails to make annual report 1751 49 

Liable for tuition in certain cases 1793 73 

May be consolidated and organized as independent districts 1814 89 

May be formed from independent districts 1815 90 

DISTRICT TOWNSHIP MEETING— 

Held annually on the second Monday in March 1717 17 

May appoint chairman and secretary 1717 17 

Direct sale of district property 1717 17 

Determine additional branches 1717 17 

Delegate foregoing powers 1717 17 

Vote tax for school-houses, sites, and libraries , 1717 17 

Transfer surplus school-house funds 1717 17 

Vote of, executed by board 1723 23 

May authorize board to change text-books .1728 27 

Statement to be presented at, by board 1733 34 

Five notices, stating hour, posted by secretary 1743 45 

Copy of notice furnished to teachers 1743 45 

May vote concerning control of school-house .1753 51 

May vote that foi'eign languages be taught 1763 57 

Vote tax to pay judgment and other liabilities 1787 71 

Not to organize before 9 a.m. nor adjourn before 12 M 1789 71 

DISTRICT TREAbURER-See Trea.surer. 

DIVISION OF INDEPENDENT DISLRICTS— 

By township line , 1799 76 

Subdivision of independent district ^Chap. 133, Laws of 1878) 1 84 

DUTIES OF TEACHER:?— See Teachers. 

EDUCATIONAL JOURNAL— 

Superintendent of public instruction may subscribe for 1581 6 

ELECTION— 

Special for directors 1714 16 

For subdirectors 1718 19 

To form new city or town district 1801 77 

For directors 1808 83 

To form new districts 1811 87 

For voting bonds 1823 93 



152 INDEX. 

SEC. PAGE 

ELECTION— Continued— 

For establishing county high school 1698 13 

Of trustees for county higli school 1700 13 

When house is destroyed 1717^ 19 

On county uniformity of text-books (Chap. 24, Laws of 1890) 9 30 

In independent district when house is destroyed 1807^ 83 

ELECTORS— 

Of district hold annual meeting 1717 17 

Of subdistrict hold election 1718 19 

May direct German or other language taught 1763 57 

Vote on formation of independent city in district 1801 77 

In independent district hold annual meeting 1807 79 

Vote on subdivision of independentdistrict (Chap. 133, Laws of 1878) 84 

Vote on forming independent districts from subdistricts (Chap, 61, 

Laws of 1888) 86 

Vote on uniting independent districts 1811 87 

Vote on consolidating independent districts 1814 90 

Vote on return to subdistricts 1816 90 

Of independent districts vote bonds 1823 93 

ENGLISH LANGUAGE—; 

All schools shall be taught in 1763 57 

ENUMERATION— 

Report of, made to auditor of state 1583 6 

Reported by secretary 1745 46 

Taken by subdirector 1754 53 

Reported to secretary 1755 53 

EXAMINATION — 

For state certificates or diplomas (Chap. 167, Laws of 1883) 58 

By county superintendent 1766 60 

Record of 1768 63 

EXAMINERS,— STAT b: BOARD OF (Chap. 167, Laws of 1883). 

Of whom shall it consist 1 58 

When and where meet 3 58 

Rules and records 3 58 

Power of board 3 59 

Branches to examine candidates upon 4 59 

Certificate five years, diploma for life 5 59 

Certificate or diploma may be revoked 6 59 

Certificate or diploma must be registered 7 59 

Compensation of membei's of board 8 60 

Shall keep and publish accurate account annually 9 60 

EXPULSION— See Dismissal. 

FEE— 

For state certificate (Chap. 167, Laws of 1883) 6 59 

For state diploma (Chap. 167, Laws of 1882) 6 59 

Paid by every one attending institute 1769 63 

Paid by eveyy applicant for certificate. , 1769 63 

FINES AND PENALTIES— 

Of district secretary, for failure to report .^ 1746 47 

Of district treasurer for failure to report 1751 49 

Of county superintendent, for failure to report '. 1773 65 



INDEX. 153 

SEC. PAGE 

FINES AND PENALTIES— Continued— 

To whom they shall inure 1'''86 70 

Suit brought in name of district, when 1786 70 

Suit brought in name of county, when 1786 70 

Suit brought by county attorney, when 1786 70 

Added to fund next used • .1786 70 

For misapplication of money 1791 72 

Of directors, for failure to make statement ' 1813 88 

FORMATION OF INDEPENDENT DISTRICTS— 

Including city, town, or village ■ ■ • .1800 76 

By subdivision of independent district (Chap. 183, Laws of 1878) 84 

From subdistricts of district township (Chap. 61, Laws of 1888) 86 

By uniting • • .1811 87 

By consolidation 1814 89 

FORMS— See the Index to the Forms. 

FUEL— 

Contracted for under direction of board 1753 51 

FUNDS— 

School-house, contingent, and teachers', defined 1748 48 

Separate account with each, to be kept by treasurer 1748 48 

Fund and object must be specitied in order . .1748 4 8 

Teachers', and contingent, amount for, estimated by board 1777 66 

Amount levied for school-house fund not to exceed ten mills 1780 68 

Amount for contingent fund, not to exceed $5 per scholar 1780 68 

Amount of teachers' fund not to exceed $15 per scholar 1780 68 

$75 may be levied for contingent fund, for each subdistrict 178C 68 

$270 may be levied for teachers' fund, for each subdistrict 1780 68 

Permanent, interest on, apportioned 1781 69 

Secretary to keep separate account with each 1783 69 

FURNITURE— See Funds. 

<iERMAN LANGUAGE— 

Electors may direct it taught as a branch 1763 57 

ORADED SCHOOLS— 

May be established 1736 25 

•GENERAL PROVISIONS— 

School mouth defined 1761 56 

Electors may vote that foreign languages be taught 1763 57 

Schools must be taught in English , 1763 57 

Bible not to be excluded from schools 1764 57 

Pupils not required to read Bible contrary to wish of parents 1764 57 

HIGHWAYS- 

May be ordered by the electors 1717 17 

INDEPENDENT DISTRICTS— 

Left without officers, trustees call election 1714 16 

Assets and liabilities divided when boundaries ax'e changed 1715 17 

'Corporate name of 1716 17 

Majority of board and president may dismiss pupils 1735 37 

Tax for, county treasurer to pay over monthly 1784 70 

Polls remain open from 13 m. to 7 p. m., when 1789 71 

Polls to remain open from 9 a. m. to 4 p. m., when 178!) 71 

City, town or village of over 200 inhabitants may organize 1800 76 



154: INDEX. 

SEC. PAGE 

INDEPENDENT DISTRICTS— Continued— 

Directors of district township to establish boundaries 1801 7T 

Electors to vote for or against separate organization 1801 77 

Term of office of directors determined by lot 1803 77 

Board to elect president , 1803 77 

Board to elect secretary and treasurer in September 1808 77 

Board to consist of three members when 1803 77 

Treasurer of board may not be member 1802 77 

President and secretary, judges at first election 1803 79 

Organization must be complete before August 1st 1804 79- 

Taxes levied by district township to be void, when 1804 79- 

Board to levy taxes, when 1804 79^ 

When formed from two or more townships, who give notice 1805 79' 

Governed by laws for district townships, when applicable 1806 79- 

Electors may vote tax for erection of school houses, etc 1807 79 

Annual meeting of 1808 83' 

Election of officers 1808 Sa 

Who are judges of election 1808 9S- 

Boundaries between, and district township, changed how 1809 84 

Abandoned, with concurrence of boards 1809 84 

Board to set off territory when 1810 87 

May consolidate 1811 8T 

May be formed from adjoining counties 1811 87 

Territory incorporated town part of (Chap. 118, Laws 1883.) 1 86 

Boundaries changed, boards settle (Chap. 118, Laws 1883) 1 86 

School in two counties formed into independent district 1813 88 

Board make statement of receipts and disbursements 1813 88 

Board publish statement, when 1813 88 

Board post statement, when. 1813 88 

Board liable to penalty for failure to make statement 1813 8& 

District township may become independent 1814 89 

Independent districts may be constituted district township 1815 90 

Election to be called '. 1816 9G> 

Independent districts become subdistricls 1817 91 

Elect subdirectors on first Monday in March 1818 91 

Governed by laws for district townships 1819 91 

New board to make settlement of assets and liabilities 1830 91 

May borrow money by issuing bonds 1831 93 

Board to submit question of issuing bonds to electoi's 1833 93 

Board to issue bonds in accordance with vote of electors 1833 93 

Bonds signed by pi'esident and attested by secretai'y 1832 93 

Denomination and time of bonds .1»33 93 

Board vote tax to pay bonds if electors neglect 1833 95^ 

Ordei's draw legal interest after presentation , 1834 95 

Boaixl may provide for industiial expositions (Chap. 64, 1874) 1 40 

May bond to fund indebtedness (Chap. 132, Laws of 187S) 1 93 

May subdivide, or have territory detached (Chap, 133, 1878) 1 84 

Of 15,000, have separate polling places (Chap. 8, Laws of 1880) 1 80 

Questions submitted decided bv ballot (Chap. 8, Laws of 1880) 3 80- 

Register of electors shall be prepared 3 81 

Notice of election, how given (Chap. 8, Laws of 1880) 4 81 



INDEX. 155- 

SEC. PAGE 

INDEPENDENT DISTRICTS— Continued— 

Board of, issue bonds to fund indebtedness (Chap 132, 1880) 1 94- 

Levy of tax for payment of bunds, (Chap. 13 J, Laws of 1880) ,. . 6 95 

May be formed, when (Chap. 62, Laws of 1888) 1 87 

INDUSTRIAL EXPOS[TIONS(Chap. 64, Laws of 1874)— 

Board provide for, in each school, if deemed expedient 1 40 

Consist of what 2 40 

Pupils to explain mode of manufacture or culture 3 40' 

Parents and friends may attend 4 40^ 

Ornamental work encouraged . .. 5 40" 

When and where held 6 40' 

INSTITUTES— See Teachers' Normal Institute. 

INSURANCE— 

All districts may effect (Chap. 149, Laws of 1882) 1 41 

No debts shall be contracted for (Chap. 149, Laws of 1883) 1 41 

INTEREST- 
SIX per cent paid after indorsement 1824 95> 

JOINT DISTRICTS— 

On account of natural obstacles 1 797 75- 

Portion of, may be i-estored 1798 76 

Between portions of two counties 1812 88 

JUDGES OF ELECTION— 

Of subdistrict ' 1719 20' 

Of district township meeting 1717 17 

To organize city independendent district 1803 79 

Of annual meeting of independent district 1808 83^^ 

JUDGMENT— 

Against district, how paid 1787 71 

Bonds issued to pay indebtedness (Chap. 132, Laws of 1878 1 93 

Bonds issued to fund indebtedness (Chap. 51, Laws of 1880) 1 93 

Bonds issued to fund indebtedness (Chap. 132, Laws of 1880) 1 94 

LANGUAGE— 

German, or other foi'eign, when shall be taught 1763 57 

Teacher of foreign must have certificate 1 763 57" 

Schools must be taught in English 1763 57 

LAWS— 

Relative to schools to be furnished 1579 5- 

LIABILITIES — See Assets and Liabilities. 

LIBRARY— 

Electors may vote to purchase 1717 17 

Electors may vote to buy library and apparatus 1807 79 

Number books in, reported 1583 6 

MAPS— 

May be purchased by board 1729 33 

MISCELLANEOUS- 

Fines and penalties, disposition of 1786 70- 

Judgment, how satisfied 1787 71 

District township meeting vote tax to pay judgment 1787 71 

Money borrowed from school fund, how paid 1788 71 

Meeting not to organize before 9 a. m. nor adjourn before 13 m, . . .1789 71 

Polls remain open from 9 a. m. to 4 p. m., when .1789 71 



156 INDEX. 

SEC. PAGE 

miscellaneous-Continued— 

Polls remain open from 12 m. to 7 p. m., when 1789 71 

Director, or director elect may administer official oath 1790 71 

Penalty for misapplication of money 1791 73 

Township board no control over independent districts. 1793 73 

Children may attend school in adjoining districts, when 1793 73 

Board to fix terms of attendance, when 1794 74 

Pupils may attend school in another subdistrict 1795 74 

Board may divide district township into subdistricts. 1796 74 

Plat showing changes in boundaries must be tiled : .1796 74 

Subdistrict boundaries conform to congressional lines 1796 74 

Changes in boundaries take effect, when 1796 74 

Superintendent may attach territory to another township 1797 75 

Territory may be restored, how 1798 76 

School district not to be divided, when 1799 76 

MONTH— 

Of what school month consists 1761 56 

NAME— 

Of school district 1716 17 

Shall be given (Chap. 133, Laws of 1878) 4 84 

May be changed (Chap. 133, Laws of 1878) 4 84 

NONRESIDENTS— 

May attend in another district 1793 73 

May attend school by paying tuition 1794 74 

NORMAL INSTITUTE— See Teachers' Normnl Institute. 

NORMAL SCHOOL— See State Normal School. 

NOTICE— 

Ot subdistrict meeting , 1718 19 

Of bids for text-books (Chap. 24, Laws of 1890) 5 29 

Of annual meeting 1743 45 

Of attendance in another district 1798 72 

Of election to form city district 1801 77 

OATH— 

Of officers and members, administered by president 1739 43 

Director or directors elect, administer to director elect 1790 71 

County superintendent may administer to witness 1834 100 

OFFICIAL BONDS— See Bonds. 

ORDERS— 

When drawn 1733 34 

How drawn 1739 43 

Partial payment on 1748 48 

May draw interest, when 1824 95 

PARENTS— 

Names of, recorded by subdirector 1754 53 

May have different residence from scholar 1794 74 

PENALTIES— See Fines and Penalties. 

PETITION— 

For county uniformity of text-books (Chap. 24, Laws of 1890) 8 30 

For city independent district 1801 77 

To subdivide independent district (Chap, 133, Laws of 1878) 3 85 



INDEX. 157 

SEC. PAGE 

PETITION— Continued— 

To form independent district from subdistriet (Cliap. 61, Laws 

of 1888) 86- 

To unite independent districts 1811 87 

To consolidate independent districts ... .1814 89 

To form district townstiips from independent districts 1816 90 

PHYSIOLOGY AND HYGIENE— 

And effects of stimulants taught (Chap. 1, Laws of 1886) 42' 

Teachers examined upon (Chap. 1, Laws of 1886) 42" 

PLAT— 

Of subdistricts, filed with county auditor 1796 74- 

PRESIDENT— 

Chosen from the subdirectors 1721 21 

Call special meetings of board 1722 22 

Care for and receive books and supplies (Chap. 24, Laws of 1890).. . . 1 27 

Temporary, may be appointed 1730 33; 

Vacancy in ofiice of, filled by board 1730 33 

To file bonds of secretarj^ and treasurer 173 1 34 

Bring suit on bond of secretary and treasurer, when 1731 34 

Concur with majority in expelling pupils 1735 37 

Preside at meetings of board and of district township 1739 43 

Draw drafts on county treasurer 1739 43 

Sign orders on district treasurer 1739 43 

Sign all contracts made by board 1 739 43- 

Appear for district in suits 1740 44 

Secretary appear, when 1740 44 

Counsel may be employed 1740 44 

Approved contracts of subdirectors 1753 51 

Concur with subdirector in dismissing pupil 1756 53 

Approve and file teachers' contracts 1757 54 

Sign warrant for semi-annual apportionment 1782 69 

Certify to account for tuition filed with auditor 1793 72 

Sign district bonds 1822 92 

PUPILS— 

Attend school where, determined by board 1725 25 

Fifteen, required for creation of subdistriet 1725 25 

Teacher may be employed to teach ten 1725 25 

Legal age of 1727 26 

Enumerated by svibdirector 1755 53 

Dismissed by subdirector and president 1756 53 

May be re-admitted 1756 53 

Register of attendance, when kept separate 1759 56 

Not required to read Bible contrary to wish of parent 1764 57 

Attend school in adjoining disti'ict, when 1793 72 

Temporarily sojourning, may attend school, on what terms 1794 74 

Board to fix terms of attendance, when 1794 74 

May attend school in another subdistriet 1795 74 

QUALIFICATION FOR OFFICE— 

President of board , 1721 21 

Secretary and treasurer 1721 21 

Secretary and treasurer give bonds 1731 34 



158 INDEX. 

SEC. PAUE 

<iUALIFICATION FOR OFFICE— Continued— 

President may administer oath to officers and members 1789 43 

Subdirector qualities on or before third Monday in March 1752 51 

Director or director elect may administer oath to director elect 1790 71 

When city district is organized 1802 77 

QUORUM- 

Majority of board constitute 1738 39 

RECEIPTS— 

And expenditures reported 1732 34 

And disbursements published 1818 88 

RECORDS— 

Secretary to keep 1741 44 

REGENTS— See Board of Regents. 

REGISTER— 

Teacher to keep 1759 56 

REGULATIONS— 

For control of school and teachers 1726 25 

For government of subdirectoi'S 1737 39 

REPORTS— 

Copies of to be preserved by secretary 1741 44 

Secretary to make annually 1 745 46 

Treasurer to make annually . . 1751 49 

Subdirector to make to secretary 1755 53 

Made to state superintendent by county superintendent 1772 64 

Of blind, and deaf and dumb, by county superintendent 1775 65 

Of interest on permanent school fund 1783 69 

Superintendent of public instruction to governor 1583 6 

Board of normal school make to governor (Chap. 129, Laws 

of 1876] 9 8 

Board of i-egents make to superintendent of public instruction 1601 10 

Board of agricultural college make to governor 1610 11 

RESIDENCE— 

Of scholar determines right to attend school 1794 74 

Site for school-house may not be condemned, when , . .1826 96 

REVOCATION— See Teachtr's Certificate. 

BOADS— See Highways. 

RULES AND REGULATIONS. 

May be adopted to govern schools 1726 25 

Subdirector may be restricted by 1737 39 

SAL ARIES— See Com2yensatio7i. 

SA1.E OF PROPERTY— 

May be directed by electors of district township 1717 17 

May be directed by electors of independent districts 1807 79 

SCHOLARS— See Ptipils. 

SCHOOL BOOKS— See Text-books. 

SCHOOL LAWS— 

To be furnished school officers 1579 5 

To be given to successor 1791 72 

SCHOOL MONTH— 

Consists of what. ■ 1761 56 



INDEX. 159 

SEC. PAGE 

SCHOOLS— 

Number of, determined by board 1734 24 

Duration of, beyond legal period 1724 24 

Graded, may be established 1726 25 

One or more taught in each subdistrict 1727 26 

Duration of 1727 26 

Superintendent may allow board to reduce the time 1727 26 

Visited by board of directors 1734 35 

Pupils may be expelled fi'om 1735 37 

Subdirector shall visit twice during each tei"m 1756 53 

Teacher of must have certificate 1758 55 

School month defined ■ 1761 56 

Bible not to be excluded from 1764 57 

Visited by county superintendent 1774 65 

May be attended by pupils from adjoining district, when 1793 72 

SCHOOL DISTRICTS— 

Each civil township declared a school district 1713 16 

When without officei's, how supplied 1714 16 

If divided, board of directors act until next election 1715 17 

Assets and liabilities to be equitably divided 1715 17 

Disagreements to be settled by arbitrators , 1715 17 

Assets divided when independent district is formed 1715 17 

Every school district is a body corporate 1716 17 

When school-house is destroyed, what to do, 17174- 19 

SCHOOL-HOUSES— 

Plans for, recommended by county superintendent 1723 23 

Built or repaired by contract if cost exceed $300 1723 23 

Proposals to build, invited by advertisement 1723 23 

Contracts let to the lowest possible bidder 1728 23 

Site of, fixed by board 1724 24 

Contracts for repairs made by subdirector 1753 51 

Under control of subdirector unless otherwise ordered 1753 51 

SCHOOL-HOUSE SITES— 

Lawful for district to take 1825 96 

Not to exceed one acre without consent of owner 1825 96 

Must be on highway 1826 96 

Not within forty rods of residence, if owner objects 1826 96 

County superintendent to appoint appraisei'S 1827 96 

C!ounty superintendent to give notice to owner 1827 96 

Appraisers to assess damages and make report 1827 96 

Board to deposit money with the county treasurer 1827 96 

Either party may appeal to district court 1827 96 

Title acquired for school purposes only 1828 97 

Growing timber shall not be injured or removed 1828 97 

SCHOOL ORDERS— 

Not drawn until claim is audited 1733 34 

Signed by the president 1739 43 

Fund and object must be specified in 1739 43 

Secretary to countersign and register 1741 44 

Transcript of, must be furnished to treasurer 1741 44 

Must specify fund and purpose 1748 48 



160 INDEX. 

■ SEC. PAGE 

SCHOOL ORDERS- Continued— 

Treasurer to register . 1750 48' 

Given to satisfy judgment 1787 71 

Draw lawful intei'est after presentation 1824 95 

SCHOOL YEAR— See Year. 

SECRETARIES— 

Give notice of subdistrict election, when 1718 1& 

Draw for absent member in case of a tie 1719 20 

Elected on thii'd Monday in September 1721 21 

Qualify and enter on duty within ten days 1721 21 

Chosen from township at large, when 1721 21 

Have no vote unless memberof board , 1721 21 

Temporary, may be appointed 1730 3S 

Vacancy in office of. tilled by board 1730 33 

Give bond 1731 34 

Compensation of, fixed by boar-d 1733 34 

Report names of school officers to county officers 1736 39 

Appear in suits, when 1740 44 

Record all proceedings of board 1741 ' 44 

Preserve copies of all reports 1741 44 

File all official papers 1741 44 

Countersign and register drafts and orders 1741 44 

Furnish district treasurer with transcript of orders 1741 44 

Post five notices of district township meeting 1742 45 

Notices to state hour of meeting 1742 45 

Present accounts to board to be audited 1743 45 

Notify superintendent when each school begins 1744 4(> 

Make annual report to county superintendent 1745 46 

Penalty for failure of, to report 1746 47 

Certify amounts for school funds 1777 66 

Countersign warrants for semi-annual apportionment 1782 69 

Debit and credit treasurer 1782 69 

File account of tuition, when 1793 72 

Deliver plat to county treasurer and auditor 1796 74 

Record order of county superintendent and correct plat, when 1797 75 

Chosen outside the board, when 1802 77 

Act as judge of annual election 1808 88 

Di-aw for absent member, in case of tie vote 1808 83 

Post notices of election 1811 87 

Send up transcript .1832 99 

SEMI-ANNUAL APPORTIONMENT— 

Taken into account in estimate of taxes 1777 66 

County auditor shall make 1781 69 

SEX— (Chap. 136, Laws of 1876.) 

Not a test of eligibility to school offices 1 60 

No person depi'ived of school office by reason of sex 2 60 

SPECIAL MEETINGS— 

When school-house-has been destroyed 17171 19 

Of board 1722 22 

When school-house has been destroyed 18071 S3. 

Of electors to vote bonds 1822 92 



SEC. PAGE 

STATE CERTIFICATE— See State Board, etc. 

STATE NORMAL SCHOOL-(Chap. 129, Laws of 1876.) 

Object and location 1 '< 

Controlled by board of directors 3 7 

Vacancy in board filled by governor 3 7 

Officers of the board and compensation 3 7 

Officers to give bond 4 8 

Teachers employed by board 5 8 

Property and funds controlled by board 5 8 

Rules for management of school made 5 8 

Provide for admission of teachers 5 8 

Arrange for boai'd of teachers 5 8 

Require fee for contingent expenses 5 8 

Session must continue twenty-six weeks 5 8 

Board may charge tuition fee 5 8 

Report made each year 9 8 

STATE UNIVERSITY— 

Object and location of 1585 9 

Course of study, where to commence 1585 9 

Student not completed elementary branches not admitted 1585 9 

No religious denomination to control 1586 9 

Governed by board of regents 1587 9 

Governor president of board 1587 9 

Superintendent public instruction, member of board 1587 9 

Regent elected fi'om each congressional district 1587 9 

Departments determined by board of regents 1589 9- 

Include collegiate, scientific, law, and other departments 1589 9 

Board of regents may confer degrees 1596 9 

Enact laws for government of university . 1596 9 

President, professors and tutors, how appointed 1596 9 

Salaries of officers determined by the board 1596 9 

Tuition fees fixed by the board 1596 9- 

Officer removed, when deemed necessary 1596 9 

Library, apparatus, etc., purchased by board 1597 10 

All specimens, collected by state geologist, to belong to .1598 10 

President report to board of regents 1600 10 

Board report to superintendent of public instruction 1601 10 

STUDIES— See Course of Study. 

SUBDIRECTORS— 

Special election of 1714 16 

Elected first Monday in March 1718 Id- 
Give notice of subdistrict election 1718 19 

One, elected from the district at large, when 1720 21 

Vacancy in office of, filled by board 1730 33 

Governed by rules made by board 1737 39 

Elected for three years (Chap. 20, Laws of 1892) 3 50' 

Take oath 1753 51 

Office vacant in case of failure to qualify or to elect 1753 5L 

Make contracts under restrictions of board 1753 51 

Have control of school-house 1753 51 

Contracts must be approved by president 1753 51 

11 . 



162 INDEX. 

SEC. PAGB 

SUBDIRECTORS— Continued— 

Take enumeration of children , 1754 53 

Make annual report to secretary 1755 53 

May dismiss pupils with concurrence of president 1756 53 

Shall visit schools twice during each term 1756 53 

Authorized to administer official oath , .1790 71 

Qualify on or before third Monday in March .1790 71 

When superseded deliver up books, etc, 1791 73 

Penalty for misapplication of money, etc 1791 73 

May consent that pupils attend school in another subdistrict ..... .1795 74 

Elected for new subdistrict, when 1796 74 

No person ineligible by reason of sex (Chap. 136, Laws of 1376] 1 60 

SUBDISTRICTS— 

Embracing whole district elect three subdirectors 1720 21 

If but two subdistricts in township, subdirectors chosen, how 1720 21 

Board determine number of schools taught in each. 1724 24 

One or more schools taug'ht in each 1727 26 

Rule of taxation on, for school-house purposes 1778 67 

Pupils may attend in another 1795 74 

Plat of, to be made 1796 74 

May be formed from independent districts 1817 91 

Hold meeting to elect subdirector, on first Monday in March 1818 91 

SUBDISTRICT BOUNDARIES— 

Vote of majority of board required to change 1738 39 

Established and changed by board 1796 74 

Conform to congressional lines 1796 74 

Changes in, to take effect when 1797 75 

SUBDISTRICT MEETING— 

Held annually, on the first Monday in March 1718 19 

Five days' notice of, given by subdirector 1718 19 

Three notices stating hour, posted 1718 19 

Chairman and secretary act as judges of election 1719 2o 

Vote decided by lot, in case of a tie 1719 20 

Three subdirectors elected, when 1720 21 

One subdirector in each district, and one at large 1720 31 

■ Judges of election canvass votes for subdirector at large 1720 21 

Not to organize before 9 a. m., or adjourn before 13 M 1789 71 

Held on first Monday in March 1818 91 

SUITS— 

President appears for district in 1740 44 

To collect penalty, how brought 1786 70 

When publishers violate bond (Chap. 24, Laws of 1890) 4 29 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Approve appointment of institute instructors 1769 63 

May entertain appeals from county superintendent 1835 100 

Give thirty days' notice to county superintendent 1835 100 

Like notice to adverse party 1835 100 

Decision shall be final 1835 100 

Shall not render judgment for money 1836 101 

Receive no additional compensation for determining appeals 1836 101 

May meet county superintendents in convention 1577 5 



INDEX. 163 

SEC. PAGB 

SUPERINTENDENT OF PUBLIC INSTRUCTION— Continued— 

Charged with supervision of schools and superintendents 1577 5 

Attend teachers' institutes, when practicable 1577 5 

Determine appeal cases 1577 5 

Render written opinion to school officers when asked 1577 5 

Have office at seat of government 1578 5 

File all papers, reports and documents 1578 5 

Keep fair record of matters in office 1578 5 

Publish and distribute school laws and amendments 1579 5 

Publish and distribute other necessary forms 1579 5 

Subscribe for educational journal 1581 6- 

Furnish copies of same to county superintendent. 1581 (>• 

Publish decisions in educational journal .1581 6- 

Report number of children to auditor of state 1583 6- 

Report to governor of state 1583 6 

Have report printed and presented to general assembly 1583 6 

Appoint teachers' institutes 1584 7 

Transmit appropriation to county superintendent 1584 7 

Member of board of regents of state university 1587 

Board of regents shall report to 1601 10' 

President board state normal school (('hap. 129, Laws of 1876) 3 7 

President state board of examiners (Chap. 167, Laws of 1883) 1 58 

SUSPENSION - 

Of scholar in independent disti'ict 1735 37 

Of scholar in subdistrict 1 756 53 

TAXES— 

Board not to certify after third Monday in May 1738 39 

For teachers' and contingent funds determined by board 1777 6& 

Certified by secretary to board of supervisors 1777 66 

Board of supervisors to levy for school funds 1777 66- 

School-house, to be apportioned .^ 1778 67 

Excess levied upon subdistrict, when 1778 67 

Fifteen mills may be levied, when 1778 67 

One to three mills county tax to be levied 1779 68 

Receivable only in cash 1779 68 

Limits of for school purposes 1780 68 

Paid to district township treasurer quartei'ly 1784 70 

Paid to independent districts monthly 1784 70 

Presidents of boards to be notified of tax collected 1785 70 

Paid to district treasurers on warrants 1785 70' 

Levied by district townships, void, when 1804 79 

All taxes determined by board of directors, when 1804 79 

Determined before third Monday in August, when 1804 79 

Certified before first Monday in September, when 1804 79 

Board of supervisors levy for independent districts 1804 79 

Of mills voted, when (Chap. 67, Laws of 1874) 1 80 

Board to levy, to pay judgment (Chap. 132, Laws of 1878) 2 93 

TEACHERS— 

Keep list of pupils showing attendance, etc 1734 35- 

May be discharged by board 1734 35 

Subdirector or secretary makes contracts with 1757 54 



^ei INDEX. 

SEC. PAGS 

TE ACHE RS— Continued— 

Contracts must be ia writing 1757 54 

President must approve and file contract 1757 54 

Not to be employed without certificate 1758 55 

Keep daily register 1759 56 

Keep separate register for nonresident pupils 1759 56 

File certified copy of register witii secretary 1760 56 

Regular examination of, last Saturday in eacii montli 1766 60 

Satisfy county superintendent regarding moral character 1767 01 

Certificate can not exceed one year 1767 61 

Examination of, to be public 1768 62 

Pay fee on application for examination 1769 63 

Pay registration fee . . .1769 63 

Certificate of, may be revoked 1771 64 

Shall have personal notice of charges preferred 1771 64 

Of county high school, by whom selected 1706 14 

TEACHERS' NORMAL INSTITUTE— 

Aided by state appropriation 1584 7 

Shall be held annually in each county. i769 63 

Held when schools are generally closed 1769 63 

One dollar registration fee 1769 63 

Board of supervisors may assist 1769 63 

No order drawn except for services or expenses 1769 63 

TERM OF OFFICE— 

For officers of board 1721 21 

For subdirector (Chap. 30, Laws of 1893) 1 50 

Of directors in independent districts 1803 77 

TERRITORY— 

All organized, in some school district 1713 16 

In two civil townships 1797 75 

May be restored 1798 76 

Contiguous, may be included in city district 1800 76 

Detached to form independent district (Chap. 133, Laws of 1878) 1 84 

TESTIMONY— 

In appeal trial 1834 100 

TEXT-BOOKS— 

Board may adopt 1728 27 

May be changed after three years 1728 27 

Electors may authorize board to change sooner 1728 27 

Board may adopt (Chap. 24, Laws of 1890) 1 27 

Board may buy and sell (Chapter 24, Laws of 1890) 1 27 

President shall care for (Chap. 24, Laws of 1890) 1 27 

No debts contracted for (Chap. 24, Laws of 1890J 2 28 

Must be bought by contract (Chap. 24, Laws of 1890) 5 29 

Samples of, must be filed with county auditor (Chap. 24, Laws of 1890) 7 30 

County uniformity of, provided for (Chap. 24, Laws of 1890) 8 30 

County board of education (Chap. 34, Laws of 1890) 9 30 

Cities and towns may adopt and buy (Chap. 24, Laws of 1890) 12 33 

TIE VOTE— 

For subdirector determined by lot. . , , 1719 20 

For director determined by lot 1808 83 



INDEX. . 165 

SEC. PAQB 

TRANSCRIPT— 

Secretary notified to send, on appeal 1833 99 

TREASURERS— 

Chosen outside of the board, when 1721 21 

Have no vote unless member of board ' 1721 21 

Vacancy in office of, filled by board 1730 38 

Give bonds 1731 34 

Accounts of, examined by board 1732 34 

Compensation of, fixed by board 1733 34 

Hold all moneys belonging to district 1747 47 

Pay funds on order of president; countersigned by secretary 1747 47 

Keep account of moneys received and paid out 1747 47 

Keep separate account with each fund 1748 48 

Pay no order which does not specify fund and object 1748 48 

Make partial payments on orders 1748 48 

Receive money apportioned to district 1749 49 

Receive district school tax 1749 49 

Register orders 1750 49 

Render statement of finances '. ,. 1751 49 

Make annual report to board of directors 1751 49 

Make annual report to county superintendent 1751 49 

Penalty for failure to report 1751 49 

Draw semi-annual apportionment on warrant 1782 69 

Receive moneys for district township quarterly 1784 70 

Receive moneys for independent district monthly 1784 70 

Ohosen outside of board, in all independent districts 1802 77 

Negotiate bonds 1822 93 

Countersign bonds when negotiated 1822 93 

Charged with bonds delivered to him 1822 92 

Of county high school 1 701 13 

Of county high school, duties of 1701 13 

Of state normal school (Chap. 129, Laws of 1876) 3 7 

Of state normal school, duties of (Chap. 129, Laws of 1876) 4 8 

To sell bonds, when (Chap. 132, Laws of 1880) 2 94 

Keep record of parties buying bonds (Chap. 132, Laws of 1880) 3 94 

Charged with bonds delivered to him (Chap. 132, Laws of 1880). . . 5 95 

TREES— 

Number and condition of, reported annually 1745 46 

Growing and standing, shall not be injured 1828 97 

Board shall cause to be set out (Chap. 23, Laws of 1883) 1 40 

Superintendent to notify boards (Chap. 23, Laws of 1882) 2 40 

TRIAL— 

Of appeal 183r4 100 

TRUSTEES OF COUNTY HIGH SCHOOLS— 

Appointed by board of supervisors 1699 13 

Qualification of 1699 13 

Oath, and bond of 1699 13 

County superintendent member of board of 1699 13 

Divided into three classes 1700 13 

Election of 1700 13 

Terms of office 1700 13 



166 IISIDEX. 

SEC. PAGB 

TRUSTEES OF COUNTY HIGH SCHOOLS— CoNxmrBD— 

County superintendent president of board 1701 13 

Secretarj"- and treasurer appointed from board 1701 IS 

Estiroate of funds needed, made by 1703 13 

Shall present estimate to board of supei'visors 1703 13 

May require treasurer to give additional bond 1704 14 

Shall select site for high school 1705 14 

Make purchases, let contracts, etc 1705 14 

Employ teachers, pay salaries 1706 14 

Make rules regarding admission 1707 14 

Determine tuition of pupils from other counties 1708 IS' 

Approve of rules and regulations governing schools 1709 15 

May expel refractory pupils 1709 15 

Make annual report to board of supervisors 1710 15 

Vacancies filled by board of supervisors 1711 15 

Compensation of members 1712 15 

TUITION— 

Of pupils from other districts, how paid 1793 7S 

Of nonresidents, fixed by board 1794 74 

At county high school free, when 1707 14 

Of scholars from other counties at county high school 1708 15 

At state normal school (Chap. 129, Laws of 1876) 5 8 

At agricultural college 1619 13 

UNIVERSITY— See State University. 

VACANCY— 

Filled by special election, when 1714 16 

Filled by appointment, when 1780 33 

Occurs in case of failure to qualify, or to elect 1752 51 

VISITATION OF SCHOOLS— 

By board of directors 1734 35 

By subdirector 1756 53 

By county superintendent 1774 65 

. VOTERS— See Electors. 

WARRANTS— See Orders. 

WITNESSES— See Appeal. 

WOMEN— See Sex. 

YEAR— 

For school purposes 1727 26 

For financial report 1751 4& 

For levy of taxes 1777 66 

YOUTH — See Enumeration and Pupils. 



J. O X'^/' -■ 



SCHOOL LAW DECISIONS 



IN 



APPEAL CASES 



BY THE 



Superintendent of Public Instruction. 



EDITION OF 1892. 



COMPILED FOR THE USE OF SCHOOL OFFICERS 



BY 



J. B. Knoepfler, 

SUPERINTENDENT OF PUBLIC INSTRUCTION 



DES MOINES: 

GEO. H. RAGSDALE, STATE PRINTER. 

1892. 



PREFACE. 



From the large number of appeal cases rendered since 1864, we have 
•selected those which appear to us as most likely to be of value to county 
superintendents and district boards in the discharge of their official duties. 

Every available means has been utilized to bring this compilation 
into the best possible shape for general use. Here and there an addi- 
tional syllabus hau been prefixed to a case. The index at the close o 
the decisions has been extended materially by the addition of a larger 
number of particulars. 

Where an appeal decision is referred to without joining any reference 
with the title to the case, such decision is to be found in the present 
volume by consulting the table of cases. 

We improve this opportunity to invite attention to a few important 
matters too often overlooked. 

Certain classes of cases may be determined only by the courts of law. 
No appeal may be taken from an action of the electors. The title to an 
office or the right to exercise the privileges of the office must be decided 
in court. Writs and special orders must issue from a court. Where the 
validity or the enforcement of a contract is the leading feature, a court 
must hear the case. The validity of district organization may be deter- 
mined by quo warranto but not by appeal. In the trial of an appeal, as 
soon as it becomes clearly apparent that the principal issue is of a kind 
intended by our statutes to be heard and determined only by the courts 
of law, the appeal should be dismissed. 

County superintendents should give great weight to acts of a board 
purely discretionary in their nature. Unless such acts are plainly shown 



4 PREFACE. 

in the testimony to be the result of manifest injustice or improper motives, 
or in some other way an abuse of discretion, the action of the board should 
be atiirmed. The county superintendent is given the power to review an 
action of the board to determine whether the official autliority possessed 
by the board was exercised in the manner intended by the law. If he 
finds positive error, he is authorized to reverse the order complained of. 
But the error must appear clearly. If compelled to reverse, the decision 
should contain all the reasons for such a conclusion; and the portions of 
the testimony relied upon in support of the finding, with the authorities 
followed and governing, should be fully pointed out. 

The same weight which county superintendents are required to accord 
to discretionary acts of boards will be given by this department to the 
discretion of county superintendents in granting, refusing, or revoking 
certificates, and in granting or refusing to grant a rehearing in cases of 
appeal. 

When appeal is taken to this office, it is greatly to the advantage of 
all concerned, for the county superintendent to take great care in pre- 
paring the transcript. Each paper should be so marked as clearly to indi- 
cate its character. The pages of the testimony should be numbered, and 
the entire transcript fastened together. If the transcript can possibly be 
put into type-written work, especially if the testimony is lengthy, a 
great deal of valuable time will be saved to the reader, and the improved 
appearance over written work will assist very much in arriving at the 
merits of the case the more readily. The map, which is an essential part 
of every case where boundaries or sites are in question, should not fail 
to show all possible information of value to a clear understanding of the 
particular case. A complete and accurate plat, agreed to by all parties 
at the time of trial as being correct, often furnishes a key to the whole 
situation. 

One copy of this book is supplied to each district, to be kept in the 
hands of the secretary and transmitted by him with the other records to 
his successor 



PREFACE. 5 

It is presumed that the following decisions correctly construe the 
present school law, and we think a careful and systematic study of them 
will assist in the administration of school affairs and result in many cases 
in answering inquiries likely to arise, besides sometimes entirely remov- 
ing the necessity for an appeal. 

J. B. KNOEPFLER, 

Des Moines, Jul}' 1, 1892. Superintendent of PiMic Instruction. 



TABLE OF CASES. 



A. 

Albion, District Township of, Smith v 14 

Amity, Independent District of, Darnell a^ 72 

Arthur v. Independent District of Fairway 66 

B. 

Bacon v. District Township of Liberty 57 

Badger, District Township of, O'Connor v , 108 

Baker v. Independent District of Waukon 91 

Bartlett v. District Township of Spencer 80 

Beard v. Distinct Township of Washington , 47 

Belmont, District Township of, Moorman v 37 

Boomer, District Township of. Remington v 38 

Boyer v. Independent Distinct No. 2 96 

Brighton, District Township of. Woods v 64 

Britt, District Township of, Burdick v 133, 134 

Brown v. District Township of Van Meter 59 

Brown, District Township of, Gordon v 28 

Brown v. District Township of Richland 13 

Bunn V. District Township of Douglas 45 

Burdick v. District Township of Britt 133, 134 

Burlington, Independent District of, David v 53 

Burrington, Moody v 43 

Buzzard v. Independent District of Liberty , 67 

c. 

Caldwell v. Peebles 41 

Cedar, District Township of, Miner v 35 

Center, District Township of, Folsom v 105, 120 

Center, Independent District of. Sheaf e v 135 

Charles City, Independent District of, Harwood v 49 

Chester, District Township of, Hays v 62 

Clarence, Independent District of. Tanner v. 130 

Coffin's Grove, District Township of, Smith v 20 

Colburn v. District Township of Silver Lake - 79 

Corm ack v. District Township of Lincoln 76 

Cous ins V. Independent District Township of Spirit Lake 95 

Crawford, Walker v 115 

Curry v. District Township of Franklin 27 



CONTENTS. 



D. 



Dallas, Independent District of, Goff v 137 

Darnell v. Independent District of Amity 73 

David V. Independent District of Burlington 53 

Davis V. District Township of Linn 118 

Davis V. District TowushiiJ of Madison 40 

Deck V. District Township of Eden 103 

Des Moines, District Township of, Handersheldt v 83 

Donald v. District Township of South Fork 73 

Donelon v. District Township of Kniest 134 

Dougherty v. Tracy 17 

Douglas, District Township of, Bunn v 45 

Dunlavy v. Klinginsmith 71 

E. 

Eagle, District Township of. Reed v 133 

Eden, District Township of. Deck v 103 

Eden, District Township of, Kelley and Smith v 133 

Edna Grove, Independent District of, v. Independent District of Edna 110 

Edwards v. District Township of West Point 33 

Eldon, Independent District of, Taylor v 46 

Empire, Independent District of, Watkins v 130 

Empire, Independent District of, Watkins, Richie v 139 

Erin, District Township of, Meleney v Ill 

Exira, District Township of, Watson v 48 

F. 

Faii'way, Independent District of, Arthur v 66 

Eisher v. District Township of Tipton 86 

Folsom V. District Township of Center 105, 130 

Forsythe v. Independent District of Kirkville 139 

Franklin, District Township of, Curry v 37 

G. 

'Goff V. Independent District of Dallas 137 

Gordon v. District Township of Brown 38 

'Gosling V. District Township of Lincoln 58 

H. 

Handersheldt v. District Township of Des Moines 83 

Harlan Township, District No. 1 v. District No. 3 77 

Harwood v. Independent District of Charles City 49 

Hays V. District Township of Chester 63 

Heffern and Van Patter v. District Township of Tipton 138 

Hodge V. Young 117 

Hosington v. District Township of Union 99 

Hoskins v. District Township of Lincoln 136 

Hubbard v. District Township of Lime Creek 55 

I. 

Independence, District Township of, Klise v 113 



CONTENTS. 9 

J. 

■Jacoby v. ladepeudeut District of Nodaway 75 

Jasper, District Township of, Tliompsou v.. , 63 

Jolinston V. District Townsliip of Utica 100, 102 

• • K. 

Kelley and Smith v. District Township of FAen . 128 

Kennon, Orme, v. Independent District of Nodaway No. 4 70 

Keystone, Indepandent District of, Tompkins v 93 

Kirkville, Independent District of, Fors.ythe v 139 

Klinginsmitli, Dimlavy v 71 

Klise V. Disti'ict Township of Independence ^13 

Kniest, District Township of, Donelon v 124 

Koontz V. District Township of Liscomb 89 

L. 

Lang V. District Township of Linn 61 

Lester, District Township of, Sipple v 31 

Lewis V. District Township of Woolstock 94 

Liberty, District Township of, Bacon v 57 

Liberty, Independent District of. Buzzard v 67 

Liberty, District Township of. Rook v 52 

Lime Creek, District Township of, Hubbard v 55 

Lincoln, District Township of, Cormack v 76 

Lincoln, District Township of, Gosting v 58 

Lincoln, District Township of, Hoskins v 126 

Lincoln, District Township of. Maxwell v ,. 122 

Linn, District Township of, Davis v 118 

Linn, Disti'ict Township of, Lang v 61 

Liscomb, District Township of, Koontz v - . 89 

Lodomillo, District Township of, Rankin v" 78 

M. 

Madison, District Township of, Davis v 40 

Maquoketa, District Township of. Smith v 25 

Marshall v. District Township of Marshall 90 

Maxwell v. District Township of Lincoln 122 

Meleney v. District Township of Erin Ill 

Miner v. District Township of Cedar 35 

Monroe, District Township of, Wilson v 68 

Moody V. Burrington 43 

Moorman v. District Township of Belmont 37 

N. 

Nodaway, Independent District No. 4, Kennon, Orme v 70 

Nodaway, Independent District of, Jacoby v 75 

No. 2, Independent District, Boyer v 96 

No. 7, Independent District, Webster v 13S 



10 COIJTENTS. 

o. 

O'Connor v. District Township of Badger 108. 

P. 

Park V. Independent District of Pleasant Grove 84 

Peck V. District Township of Polk : 39 

Peebles, Caldwell v. 41 

Pleasant Grove, Independent District of, Park v 84 

Polk, District Township of, Peck v 39- 

R. 

Randall v. District Township of Vienna 48. 

Rankin v. District Township of Lodomillo 78 

Reed v. District Township of Eagle 132 

Reed v. District Township of Union 54 

Remington v. District Township of Boomer 38 

Richland, District Township of, Brown v IS 

Rook V. District Township of Liberty 52 

s. 

Scheppele v. Independent District of Stone Hill 141 

Sheafe v. Independent District of Center 135 

Silver Lake, District Township of, Colburn v 79 

Sipple V. District Township of Lester 31 

Smith V. District Township of Albion 14 

Smith V. District Township of Coffin's Grove 20 

Smith V. District Township of Maquoketa 35 

South Foi'k, District Township of, Donald v 73 

Spencer, District Township of, Bartlett v 80 

Spirit Lake, Independent District Township of, Cousins v 95 

Stone Hill, Independent District of, Scheppele v 141 

T. 

Tanner v. Independent District of Clarence 130 

Taylor v. Independent District of Eldon 46 

Thompson v. District Township of Jasper 63 

Tipton, District Township of, Fisher v 86 

Tipton, District Township of, Heffern and Van Patter v 138 

Tompkins v. Independent District of Keystone 93 

Tracy, Dougherty v 17 

u. 

Union, District Township of, Hosington v 99 

Union, District Township of. Reed v 54 

Utica, District Township of, Johnston v 100, 102 



CONTENTS. 11 



V. 



Van Meter, District Township of, Brown v 5^ 

Vienna, District Township of, Randall v 43 

w. 

Walker v. Crawford 115 

Washington, District Township of. Beard v 47 

Watkins v. Independent District of Empire • 120 

Watkins, Richie v. Independent District of Empire 139 

Watson V. District Township of Exira • • 48 

Waukon, Independent District of. Baker v 91 

Webster v. Independent District Number Seven 138 

West Point, District Township of, Edwards v 32 

Wilson V. District Township of Monroe ^^ 

Woods V. District Township of Brighton *54 

Woolstock, District Township of, Lewis v 94 

Y. 

Young, Hodge v ., H ''^ 



SCHOOL LAW DECISIONS, 



Jane Brown v. District Township of Kichland. 
Appeal from Tama County. 

1. SuBDiSTRiCT Boundaries: Change, of. la chaagitig subdistrlct boundaries^ 
both the pi-esent and the future welfare of the district township should be- 
considered. 

2. SuBDiSTRiCT: Sizeof. It is better to have large subdistricts with good school- 
houses well furnished, than small subdistricts With undersized and poorly 
furnished school-houses. 

The board of said district township at their regular meeting: in Septem- 
ber, 1864, chang;ed the boundaries of certain subdistricts, wliereby sub- 
district number seven and a portion of subdistrict number one. were 
attached to subdistrict number five. From this order of the board an 
appeal was taken to the county superintendent, who after a full and fair 
investio;ation of the case, sustained the action of the board. From his 
decision an appeal is brought to the superintendent of public instruction. 

It is not claimed that either the board or the county superintendent 
committed errors in law or exceeded their jurisdiction. Everything 
seems to have been done fairly and openly, and a final decision of the- 
case is asked for solely on the ground of equity and justice. Appellants 
claim that subdistrict number seven has a good school of thirty-four 
scholars, and that by the proposed change three-fourths of these will be 
cut off from school privileges in consequence of their distance from the 
proposed site of the new school-house. 

But it is shown by testimony that by building a bridge across a certain 
stream the distance will be diminished, so that all parties will be accom- 
modated. There is no assurance in the record before us that the bridge 
will be built this year or next. Meanwhile a large number of children 
may be deprived of school. As a general rule it is better to have large 
subdistricts with good school-houses well furnished, than to have small 
subdistricts with small and poorly furnished school-houses. 

We believe the board had in view the welfare of the whole district, as 
did also the county superintendent in confirming their action, but we can 
see no injustice in this case in allowing the subdistricts to remain another 
year without change, or until the proposed bridge is built. The reason 
for consolidating the subdistricts now will probably exist then, and the 
occasion for complaint will then be removed. 

In this view of the case we feel compelled to reverse the decision of 

the county superintendent. 

Reversed. 

ORAN FAYILLE, 

March 1, 1865. Superintendent of Public Instruction. 



14: SCHOOL LAW DECISIONS. 



Saeah E. Smith v. Distkict Township of Albion^ 
Appeal yrom Hoicard County. 

1. Teacheks: Bight of, to injlict punishment vpon their x>iipils. A school-master 
who stands in loco parentis may, in proper cases, inflict moderate and reason- 
able chastisement. The law confides to teachers a discretionary power in the 
infliction of punishment upon their pupils, and will not hold them i-esponsible 
criminally, unless the punishment be such as to occasion permanent injury to 
the child, or be inflicted merely to gratify their own evil passions. 

.2. : . The teacher is respcmsible for the discipline of his school, and 

for the progi'ess and deportment of his scholars. It is his imperative duty to 
maintain good order and require of all a faithful performance of their duties. 
If he fails to do so he is unfit for his position. To enable him to discharge 
these duties eft'ectually, he must necessarily have the power to enforce prompt 
obedience to his requests. For this reason the law gives him the power, in 
proper cases, to inflict corporal punishment upon refractory scholars. 

The record in this case shows that the plaintiff, Sarah E. Smith, 
entered into a contract with tlie subdirector of subdistrict number two in 
said district township, to teach a school for four months, commencing 
on the 19th of December, 1864. That she commenced her school 
accordingly and taught until the 30th of January, 1865. That on the 
29th of January she was notified to meet the board to answer to the 
charge of undue severity in chastising one of her pupils; that she 
attended the meetiug of the board and made her defense, but the board 
decided to expel her from her school, paying her for the time she had 
taught. From this action of the board she appealed to the county 
superintendent, who reversed the order of the board, and from the 
decision of the county superintendent an appeal is brought to the super- 
intendent of public instruction. 

It is claimed on the part of the board that the county superintendent 
had no jurisdiction, and that he erred in entertaining the appeal and 
reversing the order of the board; but having gone to trial before the 
county superintendent, and having submitted the case, after making 
their defense they cannot now plead want of jurisdiction. 

The testimony shows that the pupil, a boy of some twelve years of age, 
did not like the seat assigned him by the teacher, and asked permission 
to go out, which was given; that he started toward home; that the 
teacher called to him to come back, threatening to punish him if he dis- 
obeyed; that he went home and remained out of school about a week; 
that at the close of the school on the day he returned the teacher 
reminded him of the punishment threatened, and proceeded to administer 



SCHOOL LAW DECISIONS. 15 

it, striking him over the shoulders and back with a whip furnished by 
one of the pupils; that the boy resisted, striking back, snatching away 
the whip and using bad language; that the teacher obtained another 
whip, a willow switch, and administered several strokes with it, some of 
which were across his head and face, in consequence of which one of the 
boy's eyes was apparently injured. An older brother of the boy then 
interfered, and the "affray ended". 

It does not appear that the teacher punished hastily or in anger, or 
that it would have been too severe, or improperly administered, had the 
boy not resisted. It is doubtful whether the resistance justified the 
teacher in striking the boy across the bead and thereby causing an injury, 
fortunately temporary, to one of his eyes. The county superintendent 
regarded this as accidental, and as no permanent injury was sustained, 
justified the teacher. 

Much has been written during the last twenty-five years in regard to 
the proper means to be used for maintaining the authority of the teacher 
over the pupils. We can remember when the whip was applied ver}^ 
frequently and very severely, when the pupil obeyed from fear of pun- 
ishment, and not from any sense of duty or of respect for authority. 
Since that time there has been a great change; appeals to reason, to a 
sense of duty and to right have been successfully used by the most com- 
petent teachers. In many schools the rod is excluded, and yet ready and 
cheerful obedience is secured from the pupil. We wish such a result 
could be reached in all the schools; that the teacher could inspire the 
pupils with such a love for order, for good government and for rightful 
authority; with such a love for right doing and such a hate for wrong 
doing, that it would only be necessary to point out the path of duty instead 
of the command to walk in it. While family government and the public 
sentiment of some communities may render such a course possible, the 
want of family government and the loose reins given to "Young America" 
in many communities require strong and physical force to hold in sub- 
jection unsubdued nature. 

All admit that the teacher must maintain authority, and for that pur 
pose he is sustained by the highest authorities in inflicting moderate 
punishment. In Kent's Commentaries, 9th edition, volume 2, page 222, 
is the following: "A school-master who stands in loco parentis^ may in 
proper cases inflict moderate and reasonable chastisement." 

In Wharton's American Criminal Law, 5th edition, volume 1, page 
669, is the following: "The law confides to school-masters and teachers 
a discretionary power in the infliction of punishment upon their pupils, 
and will not hold them responsible criminally, unless the punishment be 
such as to occasion permanent injury to the child, or be inflicted merely 



16 SCHOOL LAW DECISIONS. 

to gratify their own evil passions.-' State v. Pendergrass^ 2 Dev. & 
Bat., 407. 

"On the trial of an indictment of a school-master for an assault on a 
pupil the judge refused to instruct the jury that the defendant was crim- 
inally liable for punishing a pupil only when he acted malo an'imo^ from 
vindictive feeliug, passion, or ill-will, or inflicted more punishment than 
was necessary to secure obedience, and not for error of opinion or judg- 
ment, provided he was governed by an honest purpose to promote 
discipline and the highest welfare of the school, and the best interests of 
the child; and instructed them that in inflicting corporal punishment a 
teacher must exercise reasonable judgment and discretion, and be gov- 
erned as to the mode and severity of the punishment \iy the nature of 
the offense, the age, size, and apparent powers of endurance of the 
pupil." Commonwealth V. Randall^ 4 Gray (Mass.), 36. 

"If there is any reasonable doubt that the punishment was excessive 
the master should have the benefit of it." Lander v. Seavei^ 32 Yt. (3 
Shaw), 114. 

We add the following as having some bearing on this case: "Though 
a school-master has in general no right to punish a pupil for misconduct 
committed after the dismissal of a school for the day, and the return of 
the pupil to his home, yet he may, on the pupil's return to school, 
punish him for any misbehavior, though committed out of school, which 
has a direct and immediate tendency to injure the school and to subvert 
the master's authority." Lander 'O, Seaver, supra. 

Many other authorities might be cited establishing the authority of 

the teacher to inflict punishment necessary for securing obedience to 

reasonable rules. As it is not shown in this case that the rules were 

unreasonable or the punishment severe (the teacher must have the 

benefit of the doubt in regard to the manner of punishing), the decision 

of the county superintendent is 

Affiemed. 

ORAN FAVILLE, 

April 22, 18(35. ' Superintendent of Puhlk Lnstriwtion. 



SCHOOL LAW DECISIONS. 17 



Maeia L. Dougherty v. L. D. Tkact, County Superintendent. 
Ajpfeal from Grundy County. 

1. Revocation of Teacher's Certificate. The order of a county superintend- 
ent revoking a certificate will not be interfered with on appeal unless it ap- 
pears that he acted from passion or prejudice. 

2. . Opinions unsupported by facts cannot be received as satisfactory evi- 



dence of prejudice. 

April 1, 1867, L. D. Tracj'-, superintendeut of common schools for the 
county of Grundy, revoked the certificate of Maria L. Dougherty, a 
teacher of said county, on the alleged ground of incompetency to prop- 
erly govern and control a school. A notice of revocation made out in 
proper form, was duly served upon the secretaries of the several district 
townships. The plaintiff appealed to the superintendent of public in- 
struction, who by circular of May 15, 1867, directed that the case should 
be heard by the county superintendent. Such hearing took place June 
7, 1867- During the examination twenty- three persons, patrons and 
pupils, testified to the good order of the school, and the general good 
character and reputation of the plaintiff as a teacher. Fourteen persons 
made affidavit that they believed plaintiff's certificate was revoked from 
personal prejudice. 

One witness called by the defense testified that the school was not 
governed as well as it might have been; that he several times heard 
cursing and swearing on the school grounds at noon and recess. Three 
persons testified that they did not believe the superintendent revoked 
plaintiff's certificate from prejudice or passion. Nineteen persons certi- 
fied that they believed Mr. Tracy to be a competent and impartial officer, 
and free from any malicious administration. 

The county superintendent, disregarding the weight of evidence in 
regard to the plaintiff's qualifications, affirmed his previous decision 
revoking plaintiff's certificate, and certified that the act was done without 
prejudice or passion toward the plaintiff, and that he was impelled to 
that conviction, which was the result of personal observation and 
knowledge that plaintiff was incompetent to goyern a school properly. 
'From that decision the plaintiff appeals. 

If this case could be determined by the weight of evidence in regard 
to the plaintiff's ability to govern a school properly the decision would 
be in plaintiff's favor. But there are other elements for consideration. 
The county superintendent is clothed with large discretionary powers. 



18 SCHOOL LAW DECISIONS. 

So great has this discretion been regarded that it has been held by 
previous incumbents of the office of superintendent of public instruction 
that the refusal to grant a teacher's certificate or the revocation of such 
■certificate by a county superintendent was an act so wholly discretionary 
that it was not subject to revision. The circular of May 15, 1867, 
from this department, maintaining the right of appeal in such cases was 
eot intended to curtail the discretionary power of county superintendents, 
but to point out a way in which its abuse might be corrected. 

In the absence of special statutor}^ provisions in regard to the manner 
of hearing appeals, it is presumed that general principles are applicable. 
It may not be amiss at this time to enunciate some general principles 
which will be observed in the adjudication of this and similar cases. 

I. The discretion of a county superintendent in refusing or revoking 
a teacher's certificate will not be interfered with by the superintendent 
•of public instruction unless it is clearly shown that the county superin- 
tendent in such act violated the law in letter or spirit, or was influenced 
by passion or prejudice. This position is believed to be correct in the 
light of both principle and public pohcy. The general rule is, "the 
supreme court will not interfere with the decisions of the district court in 
cases where the latter has a discretionary power, unless it is fully 
apparent that such power has been abused." Numerous cases might be 
cited in support of this rule, but such citations are deemed unnecessary. 
The county superintendent is presumed to be selected from among his 
fellow citizens on account of his ability to exercise a sound discretion in 
the discharge of the important duties of his office . He is bound by a 
solemn oath to discharge his trusts with fidelity. He is on the ground 
and has a personal knowledge of the circumstances. He can judge of 
the educational requirements of his county better than another person 
scores of miles distant. In his examination of teachers and in his visits 
to their schools he can judge of the teacher's comparative and actual 
merit and ability better than those who have less extended opportunities 
for observation. He is responsible to his constituents for the manner in 
■which his duties are performed. His official acts may be reviewed and 
anodified or annulled by the superintendent of public instruction. 
Frequent interference with the discretion of county superintendents 
would tend to bring their authority into contempt, and unsettle the 
foundations of our school system. While, then, the right to review an 
abuse of discretion is reserved, and the right to reverse an illegal 
decision maintained, the discretion of county superintendents will not be 
interfered with unless such interference is necessary to secure justice or 
vindicate law. 

II. The proof of the violation of law, or of the influence of passion 
or prejudice in the performance of official duty must be clear and con- 



SCHOOL LAW DECISIONS. 19 

vincino;. Mere opinion, unsupported by facts, is insufficient to estab- 
lish the allegation of passion or prejudice. "As a general rule, wit- 
nesses, unless experts, should state facts, not opinions," Whitinore v. 
JBowrnmi, 4 G. Greene, 148. "Except when given by experts, evidence 
of mere opinion is not competent, unless upon some controlling ground 
of necessity: resulting from the nature of the inquiry." Dalsell v. City 
of Davenport^ 12 Iowa, 437; Danforth, Dennis & Co. v. Carter & May., 
4 Iowa, 230. In the light of these principles, which are believed to be 
correct and proper, conclusions may be readily formed. 

The rulings of the county superintendent on the admission of evidence 
have no material effect on the final decision of the case, hence the 
exceptions of the plaintiff thereto are passed over. 

The revocation of a teacher's certificate is adjudged to be an act of 
discretion on the part of the county superintendent, which will not be 
interfered with, without satisfactory proof of illegality or of prejudice. 

In this case, while the weight of testimony is favorable to plaintiff's 
qualification, and opinion is conflicting in regard to prejudice, there is 
not a single fact adduced in the testimony upon which the theory of 
prejudice can be based. On the other hand the county superintendent 
headed a subscription to pay plaintift''s board, and was the first to pay 
said subscription. During the term he told the subdirector that the 
plaintiff must be sustained in her government of the school at all hazards; 
and these facts indicate the absence of prejudice. The mere opinion of 
witnesses, unsupported by facts, cannot be received as satisfactory evi- 
dence of prejudice. 

Some embarrassment is experienced in this case from the circumstance 
that the plaintiff belongs to that gentler sex to which we are all educated 
to do homage, and the idea is largely prevalent that they are not amen- 
able to law in an equal degree with the opposite sex; but having a high 
regard for the rights of women, we dare not pervert law even to shield 
them from its operation. We are therefore compelled to affirm the 
decision of the county superintendent. 

Affirmed. 
D. FEANKLIN WELLS, 

October 1, 1867.- Superintendent of Public Instruction. 



20 SCHOOL LAW DECISIONS. 



Benjamin Smith v. District Township of Coffin's Gkove. 
Appeal from Delaware County. 

1. Proceedings. In the absence of proof to the contrary, the legal presumption 
is that the proceedings before the county superintendent were entirely regular. 

2. Explanatory Notes : Force of. Notes to the school law, while proper aids 
to school officers, have not the binding force of law, and a non-compliance with 
them is not necessarily a violation of law. 

On the petition of the electors of subdistrict number one, the board 
located the site of a proposed new school-house "just east of the burying 
ground, on the right hand side of the road, adjoining the corner of Mr. 
Brook's field." From this action plaintiff appealed to the county super- 
intendent on the 25th of March, by whom the case was heard April 19, 
1867. On the 13th of June the county superintendent issued an order 
relocating the site three-quarters of a mile further south, and at or near 
the center of the subdistrict. From this order an appeal is taken. 

The appellants claim a reversal of the county superintendent's decision 
on the ground: That the county superintendent had no jurisdiction in 
the matter; that the county superintendent erred in not taking the 
depositions of witnesses in writing and having the same signed and 
sworn to by the witnesses; that the county superintendent erred in not 
making up his record at the trial; and, on the merits of the case. 

The denial of the county superintendent's jurisdiction is based on the 
fact that the original aflBdavit does not state that the appeal was taken 
within thirty days of the action of the board complained of, and refer- 
ence is made to page 57 of "explanatory notes," in which it is stated 
that this fact should appear, though there is no such specific require- 
ments in "An act to provide for appeals." The question naturally 
arises as to the legal force of these "explanatory notes." Have they 
the effect of statutory provisions, or otherwise? While the right of 
every tribunal to establish rules and regulations not inconsistent with 
law, must be admitted, these " explanatory notes" made by the superin- 
tendent of public instruction are not legal enactments, nor "rules and 
regulations," and so far from being mandatory in their character are 
merely advisory and directory, and intended for the assistance and 
guidance of school officers. They are a commentary on the school law; 
and as they are replete with good common-sense suggestions, their 
observance will render the administration of the school law more 
accurate and satisfactory; but a non-compliance with them is not neces- 
sarily a violation of law. 



SCHOOL LAW DECISIONS. 21 

It must be admitted thai an affidavit which does not state the date of 
the decision or act complained of is very carelessly drawn, and a super- 
intendent might be justified in refusing to entertain it; but if it be 
entertained, it is still competent for the opposite party to show that the 
thirty days allowed by law had expired previous to the filing of the 
affidavit, and thus secure the dismissal of the case. The law gives the 
superintendent jurisdiction within thirty days, and the state superintend- 
ent could not by any rule or regulation annul the statutory provisions. 
It is not even claimed by appellants that the time for taking appeal had 
expired, and the date of petitions submitted to the board indicates that it 
had not expired. In the absence of proof to the contrary, the legal pre- 
sumption is that the proceedings before the county superintendent were 
entirely regular, and therefore the jurisdiction of the superintendent 
must be sustained. 

The second and third errors assigned by appellants are also based on 
"explanatory notes" instead of upon the law, and cannot be sustained 
for reasons previously given. While there were things in the manage- 
ment of this case from which we must withhold our commendation; as 
there seems to have been a substantial compliance with the law, we do 
not feel justified in dismissing it without an examination of its merits. 

The county superintendent gave due notice of the hearing in writing 
to all the electors of the subdistrict. On the day of hearing several 
persons appeared, but no "evidence on either side was offered," except 
the original affidavit of Benjamin Smith. The record of the county 
superintendent goes on to say: "But to satisfy myself in regard to the 
number of inhabitants that would be accommodated best by the site 
remaining where it is at present located by said board," Nelson Bly, 
James McBride and Harry Baker were sworn. "Nelson Bly stated that 
about thirty families lived in said subdistrict, and that only about one- 
third would be accommodated by the site remaining where it is at present 
located by said board. James McBride corroborated the statements made 
by Nelson Bly." After Henry Baker was sworn "so much confusion and 
controversy arose" that it was found "almost impossible to preserve order, " 
and the superintendent "proceeded to view the different sites." 

Among the papers sent up by the district secretary were two petitions 
to the board, one signed by fifteen persons asking that the site should 
be located "at or near the corner of Mr. Brook's field;" the other signed 
by twenty-three persons, asking that the site be "established as near as 
practicable in the center of the subdistrict." 

In view of the facts before us we cannot do otherwise than sustain the 

county superintendent, whose decision is 

Affikmed. 

D. FRANKLIN WELLS, 

December 16, 1867. StL])erintendent of Puhlic Instruction. 



22 SCHOOL LAW DECISIONS. 



Joseph F. Edwards et al. v. District Township of West Point. 
Apiyeal from Lee Comity. 

1. Appeal. The right of appeal is not limited to cases of personal grievance. 

2. Discretionary Acts. The county supei'intendeut having only appellate juris- 
diction, should not reverse discretionary acts of the board, without explicit 
and clearly stated proof of the abuse of such discretion, even though not fully 
approving their action. 

3. Subdistrict Boundaries: Change of. The acts of a board changing sub- 
district boundai'ies and locating school-houses are so far discretionary that 
they should be affii'med on appeal, unless it is shown that there has been an 
abuse of discretion. 

4. Appeal Decision: Essentials of. When the order of a board is reversed, the 
portions of the testimony relied upon should be pointed out and clear and 
convincing reasons should be given in support of the conclusion reached. 

September 16, 1867, the board of the district township of West Point 
transferred one hundred and twenty acres of land belonging to one Tim- 
othy Allen, from subdistrict number one to subdistrict number three. 
From this alteration of subdistrict boundaries, Joseph F. Edwards et al. 
appealed to the county superintendent, by whom the order of the board 
was reversed. From this decision of the county superintendent Tim- 
othy Allen appeals. 

It is not claimed that the board exceeded their powers in changing 
boundary lines, or in any respect violated law. While equality among- 
the several subdistricts, in area, population, and taxable property, is in 
some respects desirable, it is not required by law, and in fact is imprac- 
ticable. The claim in the argument of appellees that the action of the 
board was necessarily wrong, because it had the effect to increase the 
inequality in some or all of these respects, is not well founded. It is an 
element which should receive proper consideration, but it will not always 
exercise a controlling influence. 

Mr. Nourse, in his argument for appellant, claims that "no right of 
appeal existed in the plaintiffs who took the case to the county superin- 
tendent;" hence, the county superintendent was without jurisdiction. 
He claims that to entitle a person to the right of appeal the grievance 
must be of a personal character, one that affects the rights or interests of 
the individual as distinguished from the public. In support of this view 
he refers to the following decisions by our supreme court: Ilmnphrey v. 
Ball, 4: G. Greene, 204; Myers v. Simms, 4 Iowa, 500; McOune v. 
Swafford, 5 Iowa, 552; Lippencott v. AUander, 23 Iowa, 536. In all of 



SCHOOL LAW DECISIONS. 23 

these cases it is held that there is no appeal from the county court or the 
board of supervisors, unless the grievance is of a personal or individual 
character as distinguished from the public; and hence by analogy it i& 
claimed that there is no appeal from the board of school directors unless 
the grievance is of a like character. If the right of appeal in the two 
cases was derived from the same statute, the decisions cited above would 
be conclusive. But these decisions are based upon section 267, Revision 
of 1860, in which the right of appeal is limited to " any matter affecting 
the rights or interests of individuals as distinguished from the public,'^ 
etc. ; while appeals to county superintendents are based on section 2133^ 
Revision of 1860, which provides that "any person aggrieved by any 
decision or order of the district board of directors in matter of law or 
fact," may appeal, etc. As section 2133 does not limit the right of 
appeal in cases of personal grievance, the decisions cited have no appli- 
cation in the case under consideration. 

The important point upon which the issue in this case must turn remains 
to be stated. The meeting at which the change of subdistrict boundaries 
was made was attended by six of the eight members of the board, an d 
after a full discussion of the proposed change and an examination of 
plats of the district, the change was made by unanimous vote, and sub- 
sequently approved by one of the absent members. The remaining 
subdirector, who resides in the subdistrict from which the territory was 
taken, opposes the change. It is not claimed that the law was violated 
in the change, but only that the educational interests of the district were 
impaired. 

The question is not so much one of law as of sound judgment and 
discretion. The change was approved by seven of the eight members 
of the board, who reside in different parts of the township, six of whom 
at least are absolutely without personal interest in the matter. It is 
opposed by one whose pecuniary interests are contingently adversely 
affected. The county superintendent opposes his judgment to the judg- 
ment of the board. What, in such a case, is the duty of the ultimate 
tribunal ? 

The superintendent of public instruction has, as in duty bound, an 
earnest desire to sustain the acts and decisions of county superintendents. 
The legal presumption is always in favor of the correctness of official 
acts and decisions. While the state superintendent applies this princi- 
ple to county superintendents, it is equally incumbent upon them to 
apply it to the decisions or orders of district boards of directors. It not 
unfrequently happens that county superintendents decide appeal cases 
upon their own judgment and discretion as if they had original, instead 
of appellate jurisdiction; and fail to give that consideration to the dis- 
cretion of district boards, which the above principle requires. 



24: SCHOOL LAW DECISIONS. 

The law prescribing the duties of boards of directors is, in some respects, 
mandatory, requiring that certain specific duties shall be performed in a 
particular manner. In other cases, the board acts as a local legislature, 
and its action is discretionary. Among these discretionary powers, 
though not including all of them, are the establishment and change of 
subdistrict boundaries, and the location of school-houses. It has been 
doubted by some whether an appeal to the county superintendent, from 
acts of the board wholl}^ discretionar}^, would lie. While the right of 
appeal in such cases is maintained, the real character should not be lost 
sight of ; and the action of the board within the limits of the law should 
not be reversed unless it is evident that it acted with passion, prejudice, 
or manifest injustice. It is a general principle in law that the exercise 
of discretionary power will not be interfered with unless it is fully appa- 
rent that such power has been abused. For further remarks on discre- 
tionary power and the manner of proving its abuse, reference is made to 
the case of Dougherty v. Tracy ^ county superintendent. 

In changing the subdistrict boundaries, and locating school-houses, 
the law gives the board of directors original jurisdiction, and as it is 
discretionary power the action of the board should be affirmed on appeal, 
unless it is fully apparent by the evidence that the board violated law or 
abused its discretion. If there is reasonable doubt the board is entitled 
to its benefit. The action of the board may not be wholly approved by the 
judgment of the county superintendent, but if it be not illegal or clearly 
unjust it should be sustained. When, however, county superintendents 
feel called upon to reverse decisions of school boards, they should give 
a clear and explicit statement of their reasons for so doing, that the 
superintendent of public instruction may be the better enabled to judge 
of the soundness of their conclusions. 

These general remarks have been made with a view to guide county 
superintendents in their decisions, as well as to indicate some of the 
principles which will be observed by the superintendent of public 
instruction in the adjudication of similar cases. 

In the particular case under consideration, the board of directors, with 
sinusual unanimity, performed a discretionary act. It is not claimed that 
this act was illegal or the board was iniluenced by improper motives. 
It is not satisfactorily proven that the act was unjust. In our opinion, 
the evidence does not sustain the county superintendent in annulling the 
order of the board, and his decision is therefore 

Reversed. 
D. FRANKLIN WELLS, 

February 15, 1S68. Superintendent of PuMic Instruction. 



SCHOOL LAW DECISIONS, 25 



James C. Smith v. District Township of Maquoketa. 
Appeal from Jacksoiv County. 

1. Trial of Appeal. Mere technical objections should not prevent the fullest 
presentation of the merits of the case, in the trial of an appeal. 

2. Affidavit. The affidavit may be amended when such action is not prejudicial 
to the rights of any partj;^ interested. 

3. County Superintendent. May upon appeal create subdistrict. 

At the regular semi-annual meeting of the board of the district township 
of Maquoketa in September, 1867, Jacob Markle and twenty-seven others 
presented a petition asking that all of that portion of subdistrict number 
five lying south of the Maquoketa river, be set off into a separate subdis- 
trict. The prayer of the petition was refused, whereupon James C. Smith, 
one of the petitioners, appealed to the county superintendent, who reversed 
the action of the board and created a new subdistrict south of the river. 
From this decision D. F. Farr and E. H. Patterson appealed. 

The evidence discloses the following facts: Subdistrict number five is 
divided by the Maquoketa river into two nearly equal portions, the 
school-house being situated on the north side of the river. Said river is 
a navigable stream, the only means of crossing it being the ice in winter 
and a ferry in summer. It is subject to freshets, and obstructions from 
ice, so as to be impassable for days in succession. The weight of evi- 
dence shows the river to be such an obstruction that children cannot, 
with reasonable facility, enjoy the advantages of a school on the opposite 
side from that on which they reside. That this difficulty was recognized 
by the board is evidenced by the fact that an appropriation of forty 
dollars was made last summer to support a school in that part of the 
subdistrict south of the river. Some children have never attended 
school north of the river, because their parents consider the crossing of 
the river fraught with danger. 

The appellant assigns three errors: The insufliciency of the affidavit 
of J. C. Smith, and the consequent want of jurisdiction by the county 
superintendent; that the county superintendent permitted said affidavit 
to be amended on the day of trial, thus admitting its insufficiency; that 
the county superintendent divided said subdistrict number five into two 
subdistricts. 

The system of appeals to county superintendents was inaugurated to 
provide a speedy and inexpensive method of adjusting difiiculties aris- 
ing in the administration of school laws. From the fact that many of 



26 SCHOOL LAW DECISIONS. 

the cases arising are prosecuted by the* parties interested without the 
intervention or assistance of lawyers, no very stringent rules of practice 
have been adopted. The object of this system of appeals is to promote 
uniformity in the operation of school laws, and the attainment of sub- 
stantial justice ; and this object should not be defeated by technical 
objections. 

While the affidavit of said Smith was not as full as it is customary ta 
make such papers, it yet had such completeness as enabled the county 
superintendent to obtain a transcript of the proceedings of the board 
relatinof to the alleged grievance ; and the ruling of the county superin- 
tendent on the first two points is sustained. It is neither intimated nor 
believed that the irregularities complained of prejudiced the interests of 
appellants. 

The law imposes equal burdens upon all property in the township for 
contributions to the teachers' fund and the contingent fund, and it con- 
templates that all the youth of the state shall enjoy as nearly as prac- 
ticable equal educational facilities. The county superintendent, by 
his appellate jurisdiction, had power to create the new subdistrict. As 
by the evidence, the youth south of the river could not with reasonable 
facility enjoy the advantages of a school on the north side, the county 
superintendent was justified in interfering with the discretionary powers 
of the board, and in establishing a new subdistrict south of the riv^er. 

Affirmed. 
D. FEAI^KLm WELLS, 

February 15, 1868. ISuperintendent of Public Instruction. 



SCHOOL LAW UECLSIONS. 21 



S. L. CuKRT V. District Township of Franklin. 
Appeal from Detaiur County. 

1. County Superintendent. Has no jurisdiction of an appeal until an affidavit 
is filed. 

2. Affidavit. An affidavit is a statement in writing, signed and made upon 
oath before an authorized magistrate. 

3. Notice. The county superintendent should not issue notice of final hearing 
until both the affidavit and the transcript of the district secretary have been 
filed in his office. 

4. Testimony. Unless obviously immaterial, testimony offered should be admit- 
ted and given sucli weight as it merits. 

5. Discretionary Acts. May be reversed on appeal, but should not be dis- 
turbed except upon evidence of unjust exercise or abuse. 

December 16, 1867, at a special meeting of the board, a vote to change 
the boundaries of subdistricts so as to form a new subdistrict in accord- 
ance with the prayer of petitioners, resulted in a tie. From this virtual 
refusal to act, S. L. Curry appealed to the county superintendent, who 
on the 31st of the same month formed a new subdistrict. Appellant 
alleges in his affidavit that the county superintendent assumed jurisdic- 
tion of this case without warrant of law; that there never was "at any 
time an affidavit or any other statement in said appeal case filed in the 
office" of the county superintendent; hence the want of jurisdiction. 

The "act to provide for appeals," section two, provides that "The basis 
of proceeding shall be an affidavit, filed by the party aggrieved, with the 
county superintendent, within the time allowed for taking the appeal." 
An affidavit is a statement in writing, signed and made upon oath before 
an authorized magistrate. A county superintendent can have no proper 
jurisdiction of an appeal case until such affidavit has been filed. A notice 
of intention to file an affidavit, a verbal complaint, or a petition, is not 
sufficient to give the county superintendent jurisdiction in appeal cases. 
The affidavit setting forth "the errors complained of in a plain and concise 
manner," must be in his hands before he is justified in commencing pro- 
ceedings. The decision of the superintendent recites that the affidavit 
was filed December 21, which might be taken as conclusive, if it was not 
contradicted by the record. The transcript shows that said affidavit was 
not subscribed and sworn to until December 28, hence we do not clearly 
see how it could have been filed on the 21st. 

December 24, four days before the affidavit was made, and which appel- 
lant alleges was never filed with the superintendent, said superintendent 



28 SCHOOL LAW DECISIONS. 

^ave notice to the parties that the hearinoj would take place on the 30th. 
This proceeding, as an appeal case, was entirely unauthorized by law; and 
.as he commenced proceedings in disregard of the plain provisions of law 
snd without legal jurisdiction, his decision is annulled. It may be said, 
and not without authority, that as both parties responded to the notice, 
and came before the superintendent, that he thereby acquired jurisdiction; 
but we feel unwilling to sanction disregard of law by approving such 
great irregularities. 

Without touching the real merits of the question at issue, the forma- 
tion of a new subdistrict, which we are willing to leave to the local 
authorities, we refer briefl}^ to three points of law raised by appellants: 

The county superintendent should not issue notice of final hearing 
until both the affidavit and the transcript of the district secretary have 
been filed in his office. 

Though the change of subdistrict boundaries by the board is a discre- 
tionar}^ act, it may be reviewed by the county superintendent, on appeal; 
but the decision of the board should not be disturbed unless said discre- 
tionary power has been abused or exercised unjustly. 

The county superintendent should have received the remonstrances 
offered on trial in evidence, and exercised his judgment as to their weight 
and value. 

Reversed. 
D. FRANKLIN WELLS, 

March 26, 1868. Superintendent of PiMic InstHiction. 



C. S. Gordon v. District Township of Brown. 
Appeal from Linn County. . 

1. District Township. Should not ordinarily contain more than nine sub- 
districts. 

3. County Superintendent. Should not reverse an action of the board which 
is in accordance with instructions of the superintendent of public instruction. 

3. Records. The olficial record is its own best evidence. Testimony intended 
to contradict the record should not be admitted. 

4. Subdistrict: Size of. There are very many serious objections to the forma- 
tion of small subdistricts. 

The board of the district township of Brown, at a meeting held Feb- 
ruary 8, 1868, and attended by all of the members of the board except 
one, voted unanimously to redistrict the district township, and to relocate 
school-house sites in accordance with a decision of the superintendent of 



SCHOOL LAW DECISIONS. 2& 

public instruction, rendered January 28, 186S, and in accordance with a 
plat submitted. From the action of the board in this matter C. S. Gor- 
don appealed to the superintendent, by whom the case was heard March 
12, 1868, and whose decision, rendered the following day, reversed the 
action of the board on the ground of alleged non-compliance with the 
decision of the superintendent of public instruction, as rendered on the 
said January 28, 1868, in Gordon v. DlstriGt Township of Brown. 

The decision of the superintendent of public instruction above referred 
to, was provisory. It declared that if the board should promptly make 
certain changes therein indicated, that the decision of the county super- 
intendent, made November 12, 1867, forming a new subdistrict, should 
be void; otherwise, in full force and effect. It required that school-house 
sites should be selected "at or near" certain points named; thus giving 
the board limited discretion in their location, and full discretion in regard 
to the boundaries of subdistricts. In one instance, a site was selected 
about one-fourth of a mile from the point indicated; but as the plat showed 
that it was at the crossing of two roads, and that it was nearer the center 
of the subdistrict as established by the board, this variation was approved. 
The other sites selected by the board did not vary from the points indicated 
in the decision. The changes made by the board on the said eighth day 
of February, were submitted to the superintendent of public instruction, 
who, March 3, gave them his official sanction and approval. 

Mr. Gordon's appeal was based principally upon the fact that one of 
the sites, as explained above, was not at the precise point indicated by the 
decision of the superintendent of public instruction; and hence, as the 
board had not strictly complied with the proviso of said decision, the 
decision of the county superintendent, made November 12, 1867, estab- 
lishing a new subdistrict, was in full force and effect, and should have 
been regarded by the board. 

In support of its action the board offered in evidence the official ap- 
proval of the superintendent of public instruction; this, however, was 
ruled out by the county superintendent, on the alleged ground that it was 
^^ ex parte testimony" obtained by one party after the inauguration of the 
appeal, without notice to the other party. In this ruling the county super- 
intendent erred. The decision of the superintendent of public instruction 
being provisory, it was competent for him to confirm the subsequent action 
of the board in relation thereto, and to determine whether the location of 
sites made was, under the circumstances, a sufficient compliance with the 
decision. The phrase ' 'at or near" implied that there might be a variatioQ 
from the precise point named, and when this variation was officially ap- 
proved, it was binding upon the county superintendent. 

The provisory decision of January 28, permitted the board to exercise 
all the discretionary power in redistricting which the law confers. From^ 



30 SCHOOL LAW DECISIONS. 

their exercise of this power, also, tlie plaintiff appeals. The record shows 
that there are now ten subdistricts in Brown district township; but the 
plaintiff wishes another formed which shall contain only one and one-fourth 
sections. In our opinion there are serious objections to the formation of 
small subdistricts. The small number of children and small amount of 
taxable property which they will usuall}^ contain, will insure but a feeble 
support for the schools. Cheap teachers, short terms of school, and poor 
schools will inevitably result. Not every man can have a public school 
in his own immediate neighborhood. It is better that children should go 
a little farther, and have a good school when one is reached. Except in 
peculiar circumstances, we doubt whether there ever ought to be more 
than nine subdistricts in any district township of ordinary size, and it 
might be better to have only six. A school centrally located on every 
four or six sections of land, would afford reasonable facilities to all. 
Even in populous districts, it would be better to increase the size of the 
schools and have more than one teacher if necessary than to adopt the 
disastrous policy of subdivision. 

The county superintendent in his lengthy argument in support of his 
■decision, dwells upon some slight discrepancies in the secretary's tran- 
script. At a meeting of the board February 8, it appears that a motion 
was made to "proceed to redistrict," etc. One transcript says this motion 
carried, the other omits such a statement. The county superintendent 
alleges that it was carried "by only one vote." Whether it carried or 
not is under the circumstances entirely immaterial; as a motion was sub- 
sequently unanimously adopted, the yeas and nays being called, to 
adopt a certain plat on which the changed boundaries of the subdistricts 
were marked, and the school-house sites indicated. This was the 
important vote of the meeting, and in regard to its adoption there is no 
question. Even admitting that one man did not vote for it as claimed, 
there was still left more than the legally required number of votes. But 
the integrity of an official record cannot be impeached by any such col- 
lateral proceeding. It was error to admit evidence contradicting the 
record. 

The board of directors had full discretionary powers in the matter of 
redistricting the township district, and the manner in which they exer- 
cised this power was a proper subject of review by the county superin- 
tendent on appeal. At the time the plaintiff's affidavit was filed, the 
county superintendent had no knowledge that the acts of the board on 
said 8th day of February had been approved by the superintendent of 
public instruction, or that they would be so approved; he therefore prop- 
erly assumed jurisdiction of the case. When, however, the action of the 
superintendent of public instruction became known, the county superin- 
tendent should have been governed by it, and he should have affirmed 
the action of the board of directors or dismissed the case. 



SCHOOL LAW DECISIONS. 31 

For reasons heretofore given, as well as upon the real merits of the 
case, and to promote the educational interests of the district township at 
large, the decision of the county superintendent is 

Reversed. 
D. FRANKLIN WELLS, 
June 8, 1868. Superintendent of Piihlic Instruction. 



Elias Sipple v. District Township of Lester. 
Appeal from Black Hawk County. 

1. Testimony. At the hearing of an appeal before the county superintendent it 
is competent for him, upon his own motion, to call additional witnesses to give 
testimony. 

2. Records. In the absence of the allegation of fraud, testimony to contradict 
or impeach the records of the district cannot be received. 

3. . The board may at any time amend the record of the district, when 

necessary to correct mistakes or supply omissions. And may upon proper 
showing be compelled by mandamus to make such corrections. 

At the regular meeting of the board of the district township of Lester, 
held September 16, 1867, which was attended by four of the seven mem- 
bers of the board, motions were made and seconded for the creation of 
two new subdistricts whose boundaries were described in the motions. 
In regard to the action on these motions the record of the secretary 
contains merely the word "carried." At a special meeting of the board 
held February 15, 1868, the action of the board in September in relation 
to the formation of new subdistricts was ' ' reconsidered " and ' ' rescinded. " 
From the February action Elias Sipple appealed to the county superin- 
tendent. During the progress of the hearing, which took place March 
20, 1868, the county superintendent called upon one of the four mem- 
bers of the board that attended the September meeting, who testified 
that he did not vote for the motion to create a new subdistrict. As it 
thus appeared that the new subdistricts were not established by a vote of 
a majority of all the members of the board, as required by law, and as 
said September action was rescinded at a full meeting of the board in 
February, the county superintendent, considering the formation of the 
subdistricts illegal and void, dismissed the appeal. From this decision 
Barney Wheeler appeals. 

Appellant alleges substantially that the county superintendent erred as 
follows: In himself calling a witness to give testimony; in receiving tes- 
timony to impeach the district record, which is claimed to be valid and 



32 SCHOOL LAW DECISIONS. 

binding after thirty days; in dismissing the appeal; in not establishing 
the subdistricts. 

The law requires the county superintendent to give a "just and equita- 
ble" decision, and as the calling of additional witnesses may sometimes 
enable him to discharge this duty more faithfully, his action in this respect 
is sustained. 

The second error assigned really includes two distinct points, which 
will be considered separately; and first, in regard to the impeachment of 
the district record. The law provides for an annual meeting of the 
electors of the district township, and for semi-annual and special meet- 
ings of the board of directors; also that "the secretary shall record all 
the proceedings of the board and district meetings in separate books 
kept for that purpose." It is a general principle of law that "oral evi- 
dence cannot be substituted for any instrument which the law requires 
to be in writing, such as records, public documents,"" etc. 1 Greenleaf's 
Evidence, § 86, "It is a well settled rule that, where the law requires 
the evidence of a transaction to be in writing, oral evidence cannot be 
substituted for that, so long as the writing exists and can be produced; 
and this rule applies as well to the transactions of public bodies and 
officers as to those of individuals." The People v. Zeyst, 23 Is. Y., 142. 
In the case of Taylor v. Henry, 2 Pick., 397, the supreme court of 
Massachusetts held that an omission in the records of a town meeting 
could not be supplied by parol evidence. Chief Justice Shaw, in dis- 
cussing the case, said that it would be "dangerous to admit such a 
proof." Mr. Starkie, in his valuable treatise on evidence says: "Where 
written instruments are appointed either b}^ the immediate authority of 
the law or b}^ the compact of the parties, to be the permanent reposi- 
tories and testimony of truth, it is a matter both of principle and of 
policy to exclude any inferior evidence from being used either as a sub- 
stitute for such instruments or to contradict or alter them; of principle, 
because such instruments are, in their own nature and origin, entitled to 
a much higher degree of credit than that which appertains to parol evi- 
dence; of policy, because it would be attended with great mischief and 
inconvenience, if those instruments upon which men's rights depend 
were liable to be impeached and controverted by loose collateral evi- 
dence." Starkie, part lY, page 995, volume III, 3d Am. Ed. 

The reason of the rule upon which the courts agree with such entire 
unanimity applies with force in the case now under consideration. The 
records of the district and board meetings contain a statement of the 
regulations adopted, and the acts done in the exercise of the powers with 
which the respective bodies are invested by the law. They present to all 
the citizens of the district township, in a permanent form, certain and 
definite information which could be obtained, with equal certainty, in no 



SCHOOL LAW DECISIONS. 33 

other way. Memory is defective, but the secretary records the trans- 
actions as they occur. The actors change from year to year, but the 
record is permanent. And though the admission of oral testimony to 
alter a record or to supply an omission therein might sometimes promote 
the attainment of justice, the prevalence of such a practice would result 
in more evil than good. It is held, therefore, that in the absence of 
alleged fraud the county superintendent errs in admitting parol evidence 
to contradict or impeach the record of the September meeting of the 
board. 

In regard to the other part of the second point a few words will suffice. 
The counsel for appellant urges that though the record of the September 
meeting was imperfect, the lapse of thirty days made the record valid 
and binding upon the district. It is true that the right to take an appeal 
to the county superintendent expires after thirty days; but I am unable ^ 
to see how the lapse of time will validate what was before invalid. The 
secretary is the proper custodian of the records of the school district, 
and before the record of the proceedings of the board has been approved 
or adopted by the board, the secretary may amend them by supplying 
omissions, or otherwise correcting them. After they have been approved 
they may be amended and corrected by direction of the board, even 
after the lapse of thirty days. In Massachusetts a town clerk is per- 
mitted to amend the record in order to supply defects, even after a suit 
involving a question respecting them has been commenced. I am of 
the opinion that if the secretary or board of directors decline to make 
necessary corrections in the record, that a party interested may proceed 
by mandamus to compel the correction. If the record is to be impeached, 
it must be, in the absence of fraud, by a direct proceeding instituted for 
that purpose, and not by a collateral or indirect method. The People v. 
Zeijst, 23 N. Y., 147-8. 

The district record in this case is not as full as it might with propriety 
be. The law provides that the boundaries of subdistricts shall not be 
changed except by the vote of a majority of the members of the board. 
The record fails to show that this requirement of the law was complied 
with at the September meeting. The secretary says the motion to 
redistrict "carried." This is his opinion, but he fails to give the fact 
upon which it is based. Four of the seven members were present, but 
he does not say who, or how many voted for the change. Properly this 
should have been stated. When, however, the district record declares 
that a motion was "carried," the law will presume that it was carried in 
accordance with the requirements of the statute; though there is reason 
to believe that the presumption in this instance is a violent one. It 
follows that there was no legal evidence that the subdistricts were not 
established in accordance with law; hence, the conclusion is inevitable 



34: SCHOOL LAW DECISIONS. 

that the county superintendent erred in dismissing the appeal for the 
cause assigned. 

At the commencement of the trial and again during its progress, the 
defendant moved the county superintendent to dismiss the case on 
account of the insufficiency of the affidavit. The affidavit of Mr. Sipple 
is not as full as it is usual to make affidavits in such cases, yet it "set 
forth the errors complained of " with such plainness and conciseness as 
enabled the county superintendent to obtain the necessary transcripts, 
and this is all that the law really requires. Revision, 1860, § 2135. It 
has not been customary heretofore to enforce any particular form of 
affidavit, and the county superintendent's ruling refusing to dismiss on 
defendant's motion is sustained. 

As the testimony appears not to have been all in when the case was 
dismissed by the county superintendent, no opinion can be given in 
regard to the propriety or necessity of establishing the proposed new 
subdistricts. 

The case is therefore returned to the county superintendent, who will 
proceed with the hearing, first allowing a reasonable time for the cor- 
rection of the district record or for the enforcement of its correction 
should such correction be deemed necessary by either of the interested 
parties. Should the district record be amended so as to show conclusively 
that the said subdistricts were not legally formed at the said meeting in 
September, it will follow that the said subdistricts never had a legal 
existence, and that the plaintiff could not be aggrieved by the action of 
the February meeting, hence the county superintendent will determine 
the case in favor of the appellee. Should said record not be amended, 
or should it be amended so as to show clearly that said subdistricts were 
established in all respects in conformity with law, the question of estab- 
lishing the new subdistricts, or more properly retaining their organiza- 
tion, will be determined upon its merits. 

Reversed. 
D. FRANKLIN WELLS, 

July 23, 1868. Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS. 35 



E. J. Miner v. District Township of Cedar. 
Appeal from Floyd County. 

1. Contested Election: Jurisdiction. The proper method of determining a 
contested election for school director is by an action brought in the district 
court. 

2. Election: Evidence of . The certificate of the officers of the annual subdis- 
trict meeting is the legal evidence of election as subdii-ector, and as a general 
rule a board of directors is Justified in declining to recognize a person as a 
member of the board until he produces such certificate. 

3. Evidence. Where the law requires the evidence of a transaction to be in 
writing, oral evidence can be substituted for it only when the writing cannot 
be produced. 

At the regular meeting of the board of the district township of Cedar, 
in March, 1868, E. J. Miner appeared and tiled his oath of office as sub- 
director of subdistrict number three of said district township, and 
claimed recognition as a member of the board from said subdistrict. 
The said Miner failed to present to the board the certificate of the officers 
of the subdistrict meeting, or any other evidence of his election except 
his own verbal statement. It was alleged in the board that he was not 
legally' elected. Under these circumstances, the board refused him a 
seat and recognized his predecessor as holding over. From this order 
the said Miner appealed to the county superintendent, who, after a full 
hearing of the manner in which the election was conducted, reversed the 
order of the board, and directed that the said Miner should be recognized 
as subdirector of subdistrict number three, and as a member of the 
board of directors. From this decision an appeal is taken by A. J. 
Sweet, president of the board. The above are but a small portion of 
the facts presented in the well arranged transcript of the county super- 
intendent, but yet all that are material to the issues involved. 

The case presented by these facts is similar to that of Ockerman v. 
District Township of Hamilton^ page 77, School Law Decisions of 1868, 
and must be governed by the same principles. It was there held that 
the only proper way of determining a contested election or the right of 
exercising any public office or franchise, is by an action in the nature of 
quo loarranto brought in the district court. It seems unnecessary to 
repeat the arguments there used. Reference is made to that case as 
well as to the 19 Iowa, 199; 18 Iowa, 69; 16 Iowa, 369; 17 Iowa, 365; 
and the other cases there cited. The principle involved in the preceding 
references was recognized by the county superintendent, when he said 



36 SCHOOL LAW DECISIONS. 

in his decision that "the board of directors has no jurisdiction to inquire 
into the legality of the election of its members." "When this just con- 
clusion was reached, the case should have been dismissed, for the county- 
superintendent can do on appeal only what the board itself might legally 
have done. 

The county superintendent held that as the president of the subdistrict 
meeting refused to sign a certificate of election for the said Miner, that 
the board might receive other evidence of his election. In this the county 
superintendent departed from well established legal principles. The 
school law provides that at the meetmg of the electors of the subdistrict 
on the first Monday in March, "a chairman and secretary shall be 
appointed, who shall act as judges of the election, and give a certifi- 
cate of election to the subdirector elect." It is a well settled rule, that 
where the law requires the evidence of a transaction to be in writing, oral 
evidence cannot be substituted for it when the writing can be produced; 
and this rule applies alike to the transactions of public bodies, oflScers, 
and individuals. This question was discussed at some length in the case 
of Sipple V. District Toimislilp of Lester. Some of the references made 
are: 1 Greenleaf's Ev., § 86; People v. Zeyst, 23 N. Y., 142; 2 Pick., 
397; and Starkie on Ev., Part IV., p. 995, volume III, 3d Am. Ed. 

There can be no doubt that the law contemplates that the certificate of 
the ofiicers of the subdistrict meeting shall be the legal passport to a 
seat in the board, and that, as a general rule, a board of directors is jus- 
tified in declining to recognize a person as a member of the board until 
such certificate is produced. If the certificate has been given and lost, 
the accident may be remedied by other testimony. If it has been ille- 
gally withheld the officer may be coerced by mandamus to furnish it. If 
it has been fraudulently given, the law still provides a remedy. 

By the light of the previous principles, it is evident that when, under 
the circumstances, the county superintendent proceeded to investigate 
the rights of the plaintiff as a school director, he exceeded his jurisdic- 
tion, and that his decision must therefore be overruled. The law requires 
that the plaintiff, Miner, shall seek his remedy in the courts. The decis- 
ion of the county superintendent is therefore reversed and the case dis- 
missed. 

Reveksed. 

D. FRANKLIN WELLS, 

July 29, 1868. Superintende/nt of Public Instruction, 



SCHOOL LAW DECISIONS. 37 



Chiles Mookman v. District Township of Belmont. 
Appeal from Warren County. 

1. School-house: Bemovalof. A vote of the electors of a subdistrict to remove 
a school-house will not compel the board to act affirmatively in relation thereto. 

2. JUBISDICTI.ON. An application for an appeal filed within thirty days from the 
act of the board complained of will not give the county superintendent juris- 
diction of the case. The appeal must be taken by affidavit. 

This appeal was taken to the county superintendent to secure the 
removal of the school-house in subdistrict number eight, of this district 
township. At the subdistrict meeting in March, 1868, the electors voted 
by a large majority that the removal should be made. At the semi- 
annual meeting of the board held March 16, 1868, a motion to remove the 
school-house in accordance with the vote of the subdistrict was lost; and 
from this action of the board the plaintiff, by affidavit, filed with the 
county superintendent May 9, 1868, took an appeal. Previous to this, 
that is on the 28th of March, the plaintiff had filed with the county 
superinteiftient an "application for an appeal." The county superin- 
tendent assumed jurisdiction in the case, and after a full hearing reversed 
the decision of the board and ordered the removal of the house. To this 
■decision the appellant takes exception. 

The power to locate the site for a school-house is vested in the board 
of directors, and the power to "fix the site " carries with it the power to 
relocate the site. Va7ice v. District Township) of Wilton, 23 Iowa, 408. 
Hence the vote of the subdistrict electors must be considered as advisory 
rather than mandatory. 

Exception was taken to the action of the county superintendent on the 
ground that the appeal was not taken within the thirty days required by 
law, and the record shows that nearly two months had elapsed before 
the filing of the affidavit, which by law is made the basis of appeal. It 
has been decided in previous cases that the right of appeal can be enjoyed 
only within thirty days of the rendition of the decision complained of, 
and that the appeal can be instituted only by filing an affidavit with the 
superintendent. Curry v. District Toionship of Franhlin. Following 
the line of these decisions we are compelled to hold that the county super- 
intendent had no proper jurisdiction of this case, and that his action 
thereon is void. 

If it is suggested that an " application for an appeal " was made before 
the expiration of thirty days from the board's decision, it must be replied 



38 SCHOOL LAW DECISIONS. 

that the law recognizes no such step in the proceedings. The law dis- 
tinctly provides that the basis of appeal shall be "an affidavit, filed by 
the party aggrieved with the county superintendent within the time 
allowed for taking the appeal." The application for an appeal is all 
very well, provided the affidavit itself is filed within the time allowed by 
law; but the filing of the "application for an appeal" is an entirely 
superfluous and unnecessary proceeding. 

As the case was not properly before the county superintendent we are 
compelled to set aside his decision, and leave the removal of the school- 
house to the discretion of the board. 

Reversed. 
D. FRANKLIN WELLS, 

September 11, 1868. Superintendent of PaWiG Instruction. 



Z. W. Remington v. District Township of Boomek. 

Ajppeal from Pottawattamie County. 

1. Jurisdiction. The county superintendent does not have jurisdiction of cases 

involving a money demand. 
3. School Orders. When improperly issued by the board, the proper I'emedy 

is an injunction from the civil courts. 

The case presented by the record is this: On the 12th day of October^ 
the board of Boomer district township met in special session and made a 
settlement with one L. S. Axtell, who was the contractor for the erection 
of certain school-houses in said district township. From the action of 
the board, Z. W. Remington appealed to the county superintendent. 
The superintendent dismissed the appeal upon the ground that the settle- 
ment with Axtell was for a money demand, and therefore involved a 
question over which he could exercise no jurisdiction. Remington 
again appeals. 

If there was anything wrong in the action of the board issuing orders 
in favor of Axtell fer the payment of his claim for building the school- 
houses that would render them invalid, plaintiff's remedy, if any, would 
have been by injunction to restrain the payment of such orders, or by 
some other proper action in the civil courts, and not by appeal to the 
county superintendent, as the latter tribunal is not clothed by the statute 
with authorit}^ to inquire into or determine the validity of school orders. 
The county superintendent, therefore, very properly decided to dismiss 
the appeal, and his order in the case is hereby 

Affikmed. 
A. S. KISSELL, 

May 17, 1870. Superintendent of PuUic Instruction. 



SCHOOL LAW DECISIONS. 39 



W. D. Peck et al. v. Distkict Township of Polk. 

Appeal fror/i Jefferson County. 

1. SuBDiSTRiCTS. Shoulcl be, if possible compact and regular in form. In well 
populated district townships, two miles square is considei'ed a desirable area 
for each subdistrict. 

2. School-house Site. It is important that a school-house site be located on 
a public road, and as near the center of the subdistrict as practicable. 

It appears from the transcript in this case that the board, on the pres- 
entation of a petition from the majority of the inhabitants of subdistrict 
number eight, of said district township, issued an order attaching a strip 
on the northeast from subdistrict number seven to number eight, relo- 
cating the school-house site, and arranging for the removal of the school- 
house from the present site to said new location. From this action of 
the board an appeal was taken to the county superintendent, who sus- 
tained the action of the board, and from his decision an appeal is taken 
to this tribunal. 

The trial before the county superintendent developed that the board 
have in contemplation the redistricting of the entire township into sub- 
districts two miles square, and that the order providing for the change 
of boundaries in subdistrict number eight, is the initiatory step in that 
direction. The subdistrict in question, previous to their order had very 
irregular boundaries; and except that the district is too large for conven- 
ience without further change in the boundaries, there would seem to be 
every reason for attaching the strip from number seven. That being 
attached, the change of location and the removal of the school-house to 
a site occupying the geographical center of the subdistrict with its 
changed boundaries, must follow, of course. Besides this, there seems 
to be the additional good reason for the change of location for the school- 
house site; the present site is not on a public road; the one in prospect 
is, and as all the territory is in a condition to be easily and rapidly set- 
tled, the new site will, with the additional change in contemplation, be 
the exact geographical center of the subdistrict. 

The action of the board in this case is manifestly of a discretionary 
character, and I can see nothing in the testimony that would induce the 
belief that they have in any way exceeded their prerogative, or abused 
their discretion. The decision of the county superintendent is therefore 

Affikmed. 
A. S. KISSELL, 

February 4, 1871. Sn/perintendent of Public Instruction. 



40 SCHOOL LAW DECISIONS, 



W. p. Davis v. Disteict Township of Madison. 
Apj)eal from Fremont County. 

1. Contracts. All contracts requii'e the approval of the board. 

2. School Funds: Disbursement of . The treasurer is the proper custodian of all 
funds, and can legally pay them out only upon orders specifying the fund upon 
which they are drawn and the specific use to which they are applied. 

3. SuBDiRECTOR. The subdirector may expend money in his subdistrict only in 
the manner authorized by the board. 

4. Claims. Just claims against the district can be enforced only in the courts of 
law. 

5. Subdistrict. A subdistrict is not a corporate body, and has no control of any 
public fund. 

The electors of the district township of Madison, on the eleventh day 
of March, 1871, voted a tax of two and one-half mills on the taxable 
property of the district township for school-house purposes, and directed 
that three hundred dollars of the amount thus raised should be used for 
the erection of a school-house in subdistrict number nine. 

March 20, 1871, W. P. Davis, subdirector of subdistrict number nine, 
was appointed a committee to build a school-house in said subdistrict. 
The house having been completed, at a special meeting of the board 
held June 1, 1872, it was moved that the report of the committee be 
received, and the school-house be accepted; also that the secretary be 
instructed to draw an order on the treasurer for three hundred dollars, 
for subdistrict number nine. Both motions were lost, from which action 
the said W. P. Davis appealed to the county superintendent, who on the 
l)th day of August, 1872, reversed the action of the board. The district 
township, through its president, W. H. Gandy, appeals. 

The history of this case very fully illustrates the loose and irregular 
manner in which school officers too frequently transact official business. 
Section 15 of the School Laws provides that the board of directors 
"shall make all contracts, purchases, payments, and sales necessary to 
carry out any vote of the district, but before erecting any school-house 
they shall consult with the county superintendent as to the most 
approved plan of such building." 

If the contract is made by a subdirector or committee of the board, it 
should in all cases be approved by the board before work is commenced. 

A misapprehension often exists as to the manner in which school funds 
should be disbursed. The treasurer is the proper custodian of all funds 
belonging to the district township, and the law provides that he "shall 
pay no order which does not specify the fund on which it is drawn, and the 



SCHOOL LAW DECISIONS. 41 

specific use to which it is applied," that is, for work done, material fur- 
nished, or the like. 

The board are also required to "audit and allow all just claims against 
the district, and no order shall be drawn on the district treasury until the 
claim for which it is drawn has been so audited and allowed." This rule 
applies equally where funds are voted by the district township for the 
purpose of building school-houses in particular subdistricts, also where 
taxes have been raised on the property of subdistricts in accordance with 
the proviso of section twenty-eight. Such funds, or so much of them as 
may be required to carry out the vote of the electors, should be devoted 
to the specific object for which they were voted, but the disbursement 
should in all cases be under the direction and authority of the board. 
Boards have no authority to give subdirectors money to use in their sub- 
districts for building school-houses or any other purpose, nor subdirectors 
to use money so received. A subdistrict is not a corporate body and has 
no control of any public fund. 

If Mr. Davis has a just claim against the district township of Madison 
which the board refuse to allow, or if the board refuse to apply the 
amount voted by the electors to the specific object for which it was de- 
signed, viz., the erection of a school-house in subdistrict number nine, 

the civil courts only can furnish a means of redress. 

Reversed . 

ALONZO ABERNETHY, 

October 30, 1872. Superintendent of Public Instruction. 



J. D. Caldwell v. Stephen Peebles, County Superintendent. 

Appeal from Mills County. 

1. Revocation of Teacher's Certificate. A teacher's certificate can be legally 
revoked only upon pi-oof of charges of which he has had personal notice, and 
against which he has had the opportunity to make his defense. 

2. . A person addicted to the use of intoxicating liquors who even occa- 
sionally becomes intoxicated is not likely to promote correct moral teaching in 
the public schools by his example, nor to possess such moral character as to 
entitle him to a teacher's certificate. 

Complaint having been made to the county superintendent that J. D. 
Caldwell, a teacher, was addicted to the use of intoxicating liquors, an 
examination of the charges was made May 10, 1873, as provided by law, 
the result of which was the revocation of Mr. Caldwell's certificate. Mr. 
Caldwell appeals. 



42 SCHOOL LAW DECISIONS. 

We need not comment upon the testimony in the trial, since the 
county superintendent admits that the specifications contained in the 
complaint were not sustained. Facts, however, were developed inci- 
dentally, in the examination of witnesses, apart from the direct issues 
involved, to satisfy the county superintendent that the defendant does 
not possess a good moral character, and we are not sure but his con- 
clusions are properly deducible from the evidence. 

The law, however, providing for the revocation of certificates, requires 
that it shall only be "after an investigation of facts in the case, of which 
investigation the teacher shall have personal notice, and he shall be 
permitted to be present and make his defense." In this instance, certain 
charges were preferred in an information, of which the teacher had due 
notice, and, as it appears, successfully defended himself against the 
charges made, and there rested his case. 

It is, perhaps, doubtful if the superintendent has the authority to 
revoke a certificate upon evidence incidentally developed in the trial, 
however damaging in its nature, the substance of which was not con- 
tained in the original notice, and against which no defense was attempted. 

We fully agree with the superintendent, that a person addicted to the 
nse of intoxicating liquors, who even occasionally becomes intoxicated, 
and who is in the habit of visiting disreputable beer saloons, does not 
possess that degree of moral character to entitle him to a teacher's cer- 
tificate under our statute. We cannot too highly commend the efforts 
of county superintendents to promote correct moral teaching in the 
public schools through the example of the teacher. 

Disqualifications' of this nature should be fully proved and in the man- 
ner prescribed by law; and we reluctantly set aside this decision, believ- 
ing that the superintendent was actuated by worthy motives, and did the 
act solely with a view to promote the good of the schools, and in the 
conscientious discharge of a public duty. 

Reversed. 

ALONZO ABERNETHY, 

May 31, 1873. Superintendent of Puhlic Imtruction. 



SCHOOL LAW DECISIONS. 43 



W. J. Moody v. H. H. Burkington, County Superin.tendent. 
Appeal frorii Bremer County. 

1. Revocation of Teacher's Certificate. The county superintendent may 
refuse to entertain a petition for the revocation of a teacher's certificate. 

2. Appeal. An appeal may be taken from the refusal of the county superin- 
tendent to investigate charges brought against a teacher. 

A petition containinej charges against a teacher was presented to 
H. H. Burrington, county superintendent, asking an investigation of the 
charges, and the revocation of her certificate. The county superintend- 
ent refused to make the investigation as requested by the petitioners- 
and from this action W. J. Moody appeals. 

The question whether an appeal will lie from the refusal of the county 
superintendent to investigate charges brought against a teacher, has not 
been to our knowledge before determined. Since it is held that an 
appeal may be taken from an action of the board refusing to perform a 
discretionary action, we see no reason why an appeal will not lie from 
an act of the county superintendent of like nature. 

In the case before us, statements testifying to the moral character and 
good reputation of the teacher are made by reliable and disinterested 
parties, who have been intimately acquainted with her for several years 
past; and it is believed that, in no instance, is the judgment and discre- 
tion of a local tribunal entitled to more consideration than in this case. 

Affirmed. 
ALONZO ABERNETHY, 

July 10, 1873. Superintendent of Public Instruction. 



J. W. Randall v. District Township of Vienna. 
Appeal from Marshall County. 

1. School-house: Removal of. The boai-d may legally remove a school-house 
from one subdistrict to another only by vote of the electors. 

2. : . When the electors have voted to remove a school-house from 

one subdistrict to another the board must execute such vote, if in accordance 

* with law; from their action in so doing no appeal can be taken. 

At the district township meeting held on the second Monday in March, 
1873, it was voted to remove the school-house situated in subdistrict num- 
ber four, into subdistrict number three. On the seventeenth day of 



44: SCHOOL LAW DECISIONS. 

March the board ordered the removal of the school-house, in accordance 
with said vote of the electors. From this action appeal was taken to the 
•county superintendent, who reversed the action of the board. The 
district township, throuo^h its president, appeals. 

Section seven. School Laws of 1872, provides that the electors shall 
have the power "to direct the sale, or other disposition to be made of 
any school-house;" also " to vote such tax, not exceeding ten mills on the 
■dollar in any one year, on the taxable property of the district township, 
^s the meetino; shall deem sufficient for the purchase of grounds and the 
construction of the necessary school-houses for the use of the respective 
subdistricts." 

Section fifteen provides that the board "shall make all contracts, pur- 
chases, payments and sales necessary to carry out any vote of the 
district." 

Section sixteen provides that the board "shall fix the site for each 
school-house." 

From the law as above quoted we understand that the electors may 
vote a tax for the erection of a school-house in any particular subdistrict, 
or may direct the removal of one already built, from a subdistrict, and 
that the board determine the site within a subdistrict, but have no 
authority to remove a school-house from a subdistrict without affirmative 
action of the electors, such action, however, being taken, the board must 
■execute their vote, if in accordance with law. 

From the action of the board in thus executing the vote of the electors 
no appeal can be taken. If the vote of the electors is contrary to law, 
its execution may be prevented by injunction; if unwise, the electors 
themselves must bear the consequences. 

Reversed. 
ALONZO ABEENETHY, 

July 11, 1873. Sujperintendent of Public Instruction. 



SCHOOL LAW DECISIONS. 45 



James Bctnn v. District Township of Douglas. 

Appeal from Ida County. 

1. Contracts. The district township is bound by the contract of the subdirector 
when made according to instructions of the board. 

2. . If a subdirector enter into a contract on behalf of the district, without. 

authority of the board, he does so at his own risk; such contract is not binding 
upon the district unless approved by the board. 

3. Rules and Regulations. The power to prescribe rules and regulations for 
the government of the board is not a function of the electors. 

4. . A rule adopted by the board, and not a provision of law, may be modi- 
fied at the option of the board. 

A contract for furnishing the school-houses in subdistricts number 
one and two with new seats, was approved by the board. The county- 
superintendent, upon appeal, affirmed the action of the board, and James 
Bunn appeals. 

It is claimed by the appellant that the contract was made without au- 
thority from the board; that new seats could not be legally purchased 
without a vote of the electors; that by rule of the board public notice 
should be given before making any contract, except with teachers. 

The district township is bound by the contract of the subdirector when 
made and entered into according to the specific instructions and direc- 
tions of the board. Thompson v. Linn^ 35 Iowa, 361. 

If a subdirector enters into a contract on behalf of the district, without 
being authorized by the board, he does so at his own risk; such contract 
is not binding upon the district unless approved by the board; being ap- 
proved, however, the district becomes responsible for the performance of 
the contract on its part. Affirmative action of the electors is not required 
by law before the board can procure new seats for a school-house. 

It appears from the transcript that the rule mentioned was adopted and 
prescribed by the district township meeting, and not by the board; the 
power to prescribe rules and regulations for the government of the board, 
except as specifically named in the law, is not a function of the electors 
when assembled at the district township meeting. Any rule adopted by 
the board, and not a provision of law, may be modified or disregarded at. 
the option of the board. 

Affiemed. 
ALONZO ABEKNETHY, 

December 2, 1873. Superintendent of Pttblic Instruction. 



46 SCHOOL LAW DECISIONS. 



D. K. Taylor v. Independent District ofqEldon. 
Appeal from Wapello County. 

1. Appeal. Appeal may be taken from an action of the board -which authorizes 
the making of a contract, but not from a subsequent action or order comply- 
ing with the terms of a contract previously made, nor from an action author- 
izing the issuance of an order in payment of a debt contracted by previous 
action of the board. 

a. . A case whose sole purpose is to determine the validity of an order 

on the district treasury, or the equity of a claim, cannot be entertained on 
appeal to the county superintendent; the courts of law alone can furnish an 
adequate remedy. 

From the transcript it appears that on the 3d day of December, 1873, 
the board passed an order authorizing the payment of fiv» per cent com- 
mission for negotiating the district bonds, and on the same day another 
authorizing D. P. Stubbs to negotiate said bonds. On the 3d day of 
February, 1874, the board passed an order instructing the president and 
-secretary to draw an order for $90 on the district treasury in favor of 
said D. P. Stubbs, for services rendered in negotiating said bonds, in 
accordance with the previous action of the board on December 3, 1873. 
From the action of the board in issuing said order of $90 this appeal was 
taken. 

The county superintendent dismissed the case, on the ground that it 
was' an action authorizing the payment of money, and a decision thereon 
■would be equivalent to rendering a judgment for money, which is pro- 
hibited by the provisions of section 1836. D. K. Taylor again appeals. 

Appeal may be taken from any action of the board which authorizes 
the making of a contract, but not from a subsequent action or order 
complying with the terms of a contract previously made, or from an 
.action authorizing the issuance of an order in payment of a debt con- 
tracted by a previous action of the board. 

The order appealed from in this case is not a new action of the board, 
but a necessary result of the order of December 3, 1873. If the first 
action was legal and proper, the last is both proper and necessary, the 
services having been performed. Any interested party might have 
appealed, at the proper time, from the action of December 3, author- 
izing the payment of five per cent commission for: negotiating bonds or 
authorizing the appointment of an agent therefor. But the time for an 
appeal, thirty days, having expired, appeal cannot now be taken from 
the subsequent action, which is simply carrying out their previous action, 
and the terms of the contract made thereunder. 



SCHOOL LAW DECISIONS. 47 

To determine the validity of an order on the district treasury, or the 
equity of a claim, is equivalent to the rendition of a judgment for money, 
and a case whose sole purpose is to determine this question cannot be 
entertained on appeal. The courts of law alone can furnish an ade- 
quate remedy, if the law has been violated, or the interests of the district 
have suffered by the making of contracts or the issuing of orders for 

money on the treasury. 

Affirmed. 

ALONZO ABERNETHY, 

May 5, 18Y4. Superintendent of Puhlic Instruction. 



A. Beakd et al. v, Distkict Township of Washington. 
Appeal from Ringgold County. 

1, SuBDiSTKiCT Boundaries. Subdistrict boundaries can be changed only by- 
affirmative vote of a majority of all the members of the board. 

•3. Appeal. Appeal will not be entertained from the action of the board in 
rescinding a previous illegal action. 

The board of the above named district consists of four members. On 
the 24th day of January, 1874, three members of the board met, pur- 
suant to notice, for the purpose of forming a new subdistrict to consist 
•of sections 2Y, 28, 33 and 34. Upon motion to establish said subdistrict, 
two of the members voted in the affirmative and one in the negative, 
by this action the subdistrict was considered as formed, and was so 
•entered upon the record. On February 14, the board met pursuant to 
notice, for the purpose of reconsidering their action of January 24. 
Upon motion that the action establishing said subdistrict be annulled, 
three members voted in the affirmative, and one in the negative. From 
this action appeal was taken to the county superintendent, who simply 
reversed the action of the board. I. F. Howell et cd. appeal to the super- 
intendent of public instruction. 

Section 1738 provides that the boundaries of subdistricts shall not be 
changed, except by a vote of the majority of the board. Therefore the 
subdistrict in question was not legally established by the action of the 
board of January 24, and their subsequent action relative thereto may 
properly be considered as simply correcting the records of the meeting. 
Neither would the action of the county superintendent in reversing such 
action have the effect to establish the subdistrict. 

Since the action of the board was entirely proper under tlie circum- 
stances in making such correction, the decision of the county superin- 
tendent is hereby 

Keversed. 
ALONZO ABERNETHY, 

June 4, 1874. Superintendent of Public Instruction. 



48 SCHOOL LAW DECISIONS. 



E. Watson v. District Township of Exiea. 

Appeal from Audubon County. 

1. Punishment. The punishment of a pupil with undue severity, or with an 
improper instrument, is unwarrantable, and may serve in some degree, ta 
indicate the animus of the teacher. 

2. . In applying correction, the teacher must exercise sound discretion 

and judgment and should choose a kind of punishment adapted not only to 
the offense, but to the offender. 

Charges were preferred against E. Watson, a teacher in the schools of 
the district above named, for harsh and unreasonable punishment of a 
pupil, and upon investigation the teacher was discharged. From thi& 
action of the board he appealed to the county superintendent, who re- 
versed their action, and the district appeals. 

From the evidence it appears that the pupil upon whom the punish- 
ment was inflicted was a boy thirteen years of age, and that the offense 
was such that punishment was deserved. The instrument selected for 
inflicting punishment was a hickory stick, three-fourths of an inch in 
diameter at one end, and one-half inch at the other, and fifteen or 
eighteen inches long. The punishment was inflicted by striking upon 
the palm of the hand from eight to twelve strokes. It appears that the 
boy's hand was thereby disabled for some days. 

It is alleged by the teacher that the punishment was inflicted for the 
good of the school, and that it was without malice on his part. We con- 
sider the selection of such an instrument for the punishment of a pupil 
injudicious, unwarrantable, and dangerous, and that consequences might 
be fraught with the gravest results, and that such selection may serve in 
some degree, to indicate the animus of the teacher. 

Keveesed. 
ALONZO ABEENETHY, 

June 6, 1874. Superintendent of Public Inst'imction. 



SCHOOL LAW DECISIONS. 49 



Sanford Haewood v. Independent Disteict of Charles City. 
Appeal from Floyd Cotmty. 

1. Punishment: Right to inflict ux>on x^upils. The right of the parent to restrain 
and coerce obedience in children applies equally to the teacher, or to any one 
who acts in loco parentis. 

2. Rules and Regulations. Boards of directors and their agents, the teachers, 
raay establish reasonable rules for the government of schools and the control 
of pupils. 

3. . The teacher has the right to require a pupil to answer questions which 

tend to elicit facts concerning his conduct in school. 

4. . The pupil is answerable for acts which tend to produce merriment in 

the school or to degrade the teacher. 

5. . Open violation of the rules of the school cannot be shielded from in- 
vestigation under the plea that it invades the rights of conscience. 

6. Board of Directors. The board should be sustained in all legitimate and 
reasonable measures to maintain order and discipline, to uphold the rightful 
authority of the teacher, and to prevent or suppress insubordination in the 
school. 

This case involves the right of a teacher to require a pupil to answer 
questions concerning his conduct in school, or to testify against himself. 

Burritt Harwood, a member of the high school department, having 
broken certain rules of the school, was suspended by the superintendent 
for refusing to answer a question relating thereto. The pupil's father 
petitioned the board to restore the pupil. The board having investi- 
gated the facts adopted the following: 

"Resolved, That the school board sustain Prof. Shepard in his sus- 
pension of Burritt Harwood, provided Burritt Harwood be reinstated if 
he answer the question, for the refusal to answer which lie was suspended, 
subject to such further action as may be taken by the principal or school 
board for making and circulating the caricature." The president and 
four other members voted for, and one against the resolution. From 
this action of the board, S. Harwood appealed to the county superin- 
tendent, who reversed their action. The board, through their president, 
appeals. 

The power of the parent to restrain and coerce obedience in children 
cannot be doubted, and it has seldom or never been denied. This prin- 
ciple applies equally to the teacher or to any one who acts in loco parentis. 
Boards of directors and their agents, the teachers, may establish all 
reasonable and proper rules for the government of schools, and to con- 
trol the conduct of pupils attending the same. "Any rule of the school 

4 



so SCHOOL LAW DECISIONS. 

not subversive of the rights of the children or parents, or in conflict with 
humanity and the precepts of divine lavt^, vi^hich tends to advance the 
object of the law in establishing public schools, must be considered 
reasonable and proper." Bur dick v. Bahcock^ 31 Iowa, 562. 

The superintendent had occasion to leave the high school in charge of 
his assistant while he should attend to official duties elsewhere. On his 
return about 4 p. m. the assistant reported that there had been much dis- 
order on the part of some of the pupils, and that she had required 
several of the pupils to remain and report their misdemeanors to the 
superintendent. Burritt Harwood being called upon, said in substance: 
I have two misdemeanors to report; I threw snow into the lower hall 
during recess, and I passed a piece of paper across the aisle to my 
brother's desk. Both are recognized as violations of the rules of the 
school. The nature and magnitude of the first are readily discernible, 
and need no further investigation; not so of the second; much depends 
upon the character of the "piece of paper," whether simply blank paper 
■or containing writing or other marks; being asked to state the nature of 
the paper, he at first answered evasively. Being further questioned, he 
replied that it was "pictorial," that it was a "burlesque or caricature," 
that "it represented the school-house and some person or persons," 
that "the person or persons represented were connected with the 
school." The further question, "whom he had intended to burlesque," 
after some hesitation, he declined to answer. For this act of disobedi- 
ence he was suspended. 

The question which he refused to answer appears to differ in no essen- 
tial feature from those previously answered. By it the teacher simply 
.sought to discover an additional fact in connection with the case. If he 
iiad a right to ask the former he had the latter. If there is any reason 
'why the pupil had the right or should claim the privilege of declining to 
^answer the last, he should have stated it. Certainly no good reason 
^.appears from the nature of the offense, and the degree of punishment 
which it merited depended upon the information which the teacher sought 
to obtain by this and the previous question. If the paper contained sim- 
ply the solution of a problem or something connected with his lesson, it 
imerited one degree of punishment; if its purpose was to create merriment 
;among the pupils, thus diverting their attention from their studies, it 
required another degree; if by it the pupil sought to bring ridicule uppn 
a teacher, to the prejudice of the good order and government of the school, 
still another; each would be a violation of the rules, but not each equally 
punishable. The claim of appellee that it was an attempt to pry into the 
secrets of the heart, and was a violation of the right of conscience, is 
scarcely sustained by the facts. The question "whom did you intend to 
irepresent," is essentially equivalent to "whom did you represent." Its 



SCHOOL LAW DECISIONS. 61 

purpose evidently was not to find out the thouajht or intent, but the act of 
the pupil. The question was simply what was the character of the picture 
drawn and circulated to the disturbance of the school. It does not appear 
how the rights of conscience would be violated in answering the question. 
It may be true that the picture itself, if produced, would furnish the best 
evidence, but the teacher clearly had the right, in its absence, and know- 
ing nothing of its nature beyond what the pupil had already revealed, to 
seek this information directly and immediately by proper questions, 
^or can the pupil shield himself under the provision of the law that a 
prisoner at the bar cannot be compelled to answer questions which will 
tend to render him criminally liable or expose him to public ignominy. 
He is, in no proper sense, accused of crime before a court of law, author- 
ized to sit in judgment under a criminal code. 

The picture, which was afterward produced, reveals anything but a 
right spirit in the pupil. Probably no one who has seen it doubts that 
it is a coarse caricature of the superintendent and his assistant. His 
refusal to answer was evidently not that he could not conscientiously do 
so, nor that it would tend to criminate himself, but was a deliberate act 
of insubordination. All the attendant circumstances, the evasive and 
studied replies to the superintendent's questions, the caricature itself, 
and its circulation through the school during the absence of the superin- 
tendent, together with a previous malicious caricature of the same 
nature, all reveal a disregard for the regulations of the school, the 
respectful conduct due from a pupil, and an animus toward the teacher 
anything but proper. 

In our opinion unnecessary stress was laid, in the trial before the 
superintendent, upon the technical ground of suspension by the superin- 
tendent. The board having had the whole subject under investigation, 
including statements of the offenses from both the superintendent and 
the pupil, sustained the superintendent, or in other words, suspended 
the pupil conditionally from the school, as the}^ probably had a right to 
<lo for any one of the offenses named. This being a discretionary act, 
•due weight must be given to such action by an appellate tribunal ; espe- 
"cially should the board be sustained in all legitimate and reasonable 
measures to maintain order and discipline, to uphold the rightful author- 
ity of the teacher and to prevent or suppress insubordination in the 
school. 

Reversed. 
ALONZO ABERNETHY, 

June 8, 1ST4. Swperintende7it of Public Instruction. 



52 SCHOOL LAW DECISIONS. 



T. J. Rook v. District Township of Liberty. 
Appeal from ClarTie County. 

School-house Taxes. All taxes voted by the district township meeting must be 
apportioned among the subdistricts. Any part of the tax voted by the sub- 
district meeting which the district township neglects oi* refuses to grant, must 
be certified and levied upon the subdistrict. The board have no option but 
to obey the requirements of the law. 

Under the provisions of section 17Y8, School Laws of 1874, the 
electors of subdistrict number six, of the aboye named district township, 
voted to raise the sum of four hundred dollars for the erection of a 
school-house; the sum was properly certified to the district township 
meeting, which refused to grant the request. The board of directors 
certified the amount to the board of supervisors, to be levied directly 
upon the subdistrict. From this action appeal was taken to the county 
superintendent, who afiirmed the action of the board. T. J, Rook 
appeals. 

The errors alleged to have been committed are: That the township 
electors neglected or refused to grant the request of the electors of sub- 
district number six; and that the board refused to apportion the amount 
voted by the subdistrict among the subdistricts of the township. 

It is wholly discretionary with the township electors whether such 
requests are granted or not; from their action no appeal can be taken. 
If they vote to grant such request, the amount must be apportioned by 
the board among the subdistricts of the township; if they neglect or 
refuse to grant it, the amount must be certified to the board of supervis- 
ors, to be levied directly upon the subdistrict. Section 1778, School 
Laws of 1874. 

The board have no option in such case, it is their duty simply to obey 

the requirements of the law. 

Affirmed. 

ALONZO ABERNETHY, 

October 5, 1874. Supermtendent of Public Instruction, 



SCHOOL LAW DECISIONS. 53 



John S. David v. Independent District of Burlington. • 
Appeal from Des Moines County. 

1. Attendance. Every person between the ages of five and twenty-one years 
has the right to attend school in the district in which he resides, regardless of 
considerations relating to race, nationality, the holding of property, or the 
payment of taxes. 

2. . The payment of school taxes does not entitle nonresidents to school 

privileges. 

3. . The board have authority to determine when, and upon what terms, 

nonresident pupils may attend the schools of their district. 

This appeal is brought to compel the board of the independent dis- 
trict of Burlington to admit into the public schools of said district 
appellant's children, without payment of tuition, on the ground that he 
is a large taxpayer in the district; the county superintendent having 
affirmed the action of the board in refusing to admit them. 

The appellant resides about a mile beyond the limits of the independ- 
ent district of Burlington, and near the school in his own district, but he 
claims that this school is not of suitable grade for his children. 

The law requires the board to provide school facilities for all the chil- 
dren in their own district, and contemplates that they shall, in all cases, 
determine whether children who are not residents shall be permitted to 
attend the schools thereof, and upon what terms. Section 1793. 

It is claimed by the appellant that his children are entitled to attend 
school in the independent district of Burlington without the payment of 
tuition, for the reason that he owns property in said independent district 
and pays taxes thereon; and if the payment of taxes could ever entitle a 
person to such privileges, it doubtless would in this case, as he intro- 
duces the certificate of the county auditor to show that his school taxes 
for 1874 were $406.08, There is, however, no provision of law upon 
which to base such claim, nor would such provision well accord with the 
spirit of our laws relating to public schools. These laws are founded 
upon the broad principle that every person in the state between the ages 
of, five and twenty-one years, is entitled to the privilege of attending the 
public schools. This principle is wholly unencumbered by any consid- 
■eration relating to race, nationality, the holding of property, or the 
payment of taxes. 

To prevent confusion and the over-crowding of particular schools, it is 
necessary to point out what school each pupil has the right to attend. 
A more equitable rule could not have been devised, than that which pre- 
scribes that the pupil may attend school in the district in which he resides. 



54 SCHOOL LAW DECISIONS. 

The simplicity and equity of this rule are apparent. Every person has 
one place of residence, and no more; this place of residence is generally 
determined without difficulty, and is not usually abandoned for triviali 
causes. To introduce any conditions into the laws dependent upon prop- 
erty considerations, would be to outrage the fundamental principles of 
our free school system. 

To further promote the convenience of the people, and to give elasticity 
to the rule, the board may, when circumstances require, permit nonresi- 
dent pupils to attend the schools of their district. 

Affirmed. 
ALONZO ABERNETHY, 

February 20, 1875. Superintendent of Puhlic Instruction^ 



A. B. Reed et al. v. District Township of Union. 
Appeal from Mahaska County. 

1. SuBDiSTRiCTS. Other things being equal, both territory and school population; 

should be about equally divided among the subdistricts of a district township. 
2. . One subdistrict should not differ greatly from the average subdistrict 

of the district township both in territory and school population. 

The action of the board in changing subdistrict boundaries was affirmedl 
by the county superintendent. From this decision A. B. Reed appeals. 

Previous to the action of the board from which appeal was taken, sub- 
district number seven comprised two sections of land, upon which reside- 
about forty persons of school age. The board added three sections from: 
subdistrict number three, upon which reside some thirty pupils, leaving- 
but three sections and about twenty-two pupils. 

It is claimed that by this increase of area in subdistrict number seven 
to five sections, and the consequent increase of pupils to seventy, a por- 
tion of the latter are deprived of school privileges. This leads to a con- 
sideration of the proper basis and manner of dividing a district township 
into subdistricts. It would seem, other things being equal, that both 
territory and school population should be about equally divided among 
the subdistricts of the district township. When the population is not 
uniformly distributed, which is generally the case, it would appear that 
no one subdistrict should have an excess over the averao^e subdistrict of 
the district township, both in territory and in school population; nor 
should any one subdistrict lack both in territory and in school popula- 
tion, unless by reason of some controlling circumstance. The location 
of public roads, streams or any other obstruction, should always be 
taken into consideration. In this case, area and school population are 



SCHOOL LAW DECISIONS. 55^ 

the only essential elements. The average area of a subdistrict in the- 
township is four and one-half sections. 

The school population, according to the last annual report of th& 
county superintendent, averages 57.5 to each subdistrict. Hence, we 
find that subdistrict number seven lacked both in area and school popu- 
lation, and that its boundaries should have been enlarged; but we alsO' 
find that the subdistrict from which territory was taken was reduced 
below the average, both in school population and in area, while the sub- 
district thus enlarged is in excess in both. 

We trust that the board will as soon as practicable remove these 
inequalities by a redivision of the entire district township into subdis- 
tricts. Questions as to the validity of the action of the board are also 
raised, but we do not find that they have in any manner acted contrary 
to the requirements of law. 

Affirmed. 

ALONZO ABEfiNETHY, 

June 21, 1875. Superintendent of Public Instruction^ 



J. W. Hubbard v. District Township of Lime Creek. 

Appeal from Cerro Gordo County. 

1. Appeal. The execution by the board of the vote of the electors upon matters 
within their control, is mandatory, from such action of the board no appeall 
can be taken. If such action is tainted with fraud, an application to a court 
of law is the proper remedy. 

2. Board of Directors. The board, though not bound by a vote of the electors- 
directing the precise location of a school-house site, are required to so locate 
it as to accommodate the people for whom designed. 

3. . If in the selection of a site the board violate law or abuse their dis- 
cretionary power, their action may be reversed on appeal. 

4. . An illegal action may be corrected by application to a court for a 

writ of certiorari. 

The electors of the district township voted a tax to build a school-house 
on what is known as the Simons road, near where it crosses the Central 
railroad. On a separate motion, the board were instructed to sell the 
school-house known as number three. In accordance with the first men- 
tioned action, the board located a school-house site on said road, fifty 
feet from said crossing. From this action appeal was taken, the appel- 
lant claiming it to be a relocation of the site known as number three, 
and that such action was with the express intention of selling the school- 
house and abandoning the site thereof. The county superintendent 



56 SCHOOL LAW DECISIONS. 

reversed the action of the board. From this decision the district town- 
ship appeals. 

The district township coincides with a congressional township in 
boundaries and extent, and is comprised in one subdistrict. It is claimed 
that the action of the district township meeting did not represent the 
wishes of the people; that there are ninety-five voters in the district, and 
but twenty-seven were present at such meeting; also that in the location 
of the site the board did not consult the convenience of the people. 

Section 1717, School Laws of 1874, provides that the electors of the 
district, when legally assembled at the district township meeting, shall 
have power "to direct the sale or other disposition to be made of any 
school-house, or site thereof, and of such other property, personal and 
real, as may belong to the district." 

Section 1723 provides that the board "shall make all contracts, 
purchases, payments, and sales, necessary to carry out any vote of the 
district. " 

Section 1724 provides that the board "shall fix the site for each school- 
house, taking into consideration the geographical position and conven- 
ience of the people of each portion of the subdistrict." 

The execution of the vote of the electors by the board is mandatory, 
from their action in so doing no appeal can be taken. In case such 
action is in any manner tainted with fraud, an application to a court of 
law is the proper remedy. 

The power to locate school-house sites is vested originally in the board. 
Although the board have authority to locate school- house sites, yet money 
legally voted by the electors for a specific purpose, must be expended in 
accordance with such vote; if voted to erect a school-house in a certain 
subdistrict, it cannot legally be used to build a school-house in another. 
While any directions of the voters attempting to locate precisely a school- 
house site, are void, yet the board is bound so to locate it as to accommo- 
date the people for whom designed, in the absence of such instructions 
the board may exercise more widely their discretion in fixing school- 
house sites. 

If in the performance of this duty they violate law, act with manifest 
injustice, or in any manner show an abuse of discretionary power, their 
action may properly be reversed by the county superintendent. 

In this case we do not discover that the board have in any manner 
failed in the proper performance of their duty. 

Reversep. 
ALONZO ABEENETHY, 

July 7, 1875. Suj)erintendent of Public Instruction. 



SCHOOL LAW DECISIONS. 57 

B. D. Bacon et al. v. District Township of Libekty. 
Appeal from Woodhury County. 

1. Testimony. The superintendent should afford full opportunity for the intro- 
duction of testimony, and the examination of witnesses should be so conducted 
as to disclose all material facts. What is shown by the plat need not also be 
presented orally. 

3. Board of Directors. The action of the board cannot be reversed upon the 
allegations of appellant without proof, or by reason of failure of the board to 
make defense. 

S. . The acts of the board are presumed to be regular, legal, 

and just, and should be affirmed on appeal unless proof is brought to show 
the contrary. 

The county superintendent sustained the board in locating the site for 
a new school-house where the old one now stands. B. D. Bacon et al. 
appeal. 

The peculiarity of this case is that at the trial before the county super- 
intendent no oral testimony was introduced by the appellant. 

It is the duty of the county superintendent to afford full opportunity 
to the appellant to present evidence, and it is desirable that the exami- 
nation of witnesses should be so conducted that every material fact 
connected with the case shall be disclosed. But the action of the board 
cannot be reversed upon the allegations of the appellant without proof, 
or by reason of failure of the board to be present and make defense. 

The acts of the board are presumed to be regular, legal, and just, and 
should be aflBrmed by the county superintendent upon appeal, unless 
proof is brought to show the contrary. 

The plats furnished with transcript in this case are unusually minute; and 
it is possible that they were regarded as showing the material facts relat- 
ing to the case. What is shown by the plat, need not be also presented 
orally, but any additional facts may properly be so shown. From the 
plat and affidavits, it appears that the appellants desire the school-house 
site to be located about one-half mile south of the site on which the board 
resolved to erect a new house. The location of roads and dwellings in 
the subdistrict would seem to indicate that the point selected, by the 
board will quite as well subserve the convenience of the inhabitants as 
that desired by the appellants. Under these circumstances the discretion- 
ary power of the board cannot properly be interfered with. Ediuards v. 
District Township of West Point. Archer v. District Township of Warren. 

Affirmed. 
ALONZO ABERNETHY, 

August 30, 1875. Buperintendent of Public Instruction. 



58 SCHOOL LAW DECISIONS. 



E. GosTiNG V. District Township of Lincoln, 

Appeal from PlymoiitJi County. 

1. School-house Site: Locatioji of. The action of a committee appointed by 
the board to locate a site is of no force until officially adopted by the board 
while in session. 

2. . Subdistrict boundaries cannot be changed upon an appeal relating- 

solely to the location of a site, nor can a site be located with the expectation 
that boundaries Avill be changed, unless such is shown to be the intention of 
.the board. 

3. Appeal. The right of appeal is confined to persons injui-iously affected by the- 
decision or order complained of. Ordinarily a person living in one subdistrict 
cannot appeal from an action of the board locating a site in another. 

A committee appointed by the board of the above named district 
township to locate a school-house site for the accommodation of the 
residents of subdistricts number seven and nine, reported that they had 
selected the northwest corner of section ten, and afterward that they had 
chosen instead, a site about eightj^ rods east of the northwest corner of 
section eleven. There is no record showing that any action was taken 
by the board in relation to these reports. 

Subdistrict number nine consists of the east one-half of congressional! 
township number 90, range 45. 

E. Gosting, the appellant, resides in subdistrict number seven, which 
comprises the west one-half of the same congressional township. The 
decision of the county superintendent is as follows: "After consider- 
ing the evidence and the plat introduced, I sustain the committee in 
their first location at the northwest corner of section ten of said town- 
ship." From this decision D. M. Relyea appeals. 

The power to locate school-house sites is vested in the board of di- 
rectors. Section 1724, School Laws of 1874. The action of a committee 
appointed by the board to locate a school-house site is of no force until 
their report is officially adopted by the board while in session. 

Section 1725 provides that the board "shall determine where pupils- 
may attend school; and for this purpose may divide their district into 
such subdistricts as may by them be deemed necessary." The object of 
dividing a district township into subdistricts is to determine where pupils 
shall attend school. While it is frequently the case that pupils may 
more conveniently attend school in an adjoining subdistrict, it would 
obviously be improper to locate a school-house site expressly for the 
accommodation of such pupils, unless with the intention of subsequently 



SCHOOL LAW DECISIONS. 59 

making a redivision of the district township. The county superintendent 
hag^ jurisdiction only of the matter to which the appeal relates. He can- 
not properly upon an appeal relating to the location of a school-house 
site change subdistrict boundaries, nor can he locate a school-house site 
with the expectation that such boundaries will ultimately be changed, 
unless such is shown to be the intention of the board. 

The right to appeal from actions of the board is confined to persons 
injuriously affected by the decision or order of which complaint is made. 
Section 1829. Ordinarily, a person living in one subdistrict cannot 
properly appeal from an action of the board locating a school-house site 
in another. 

The decision of the county superintendent is set aside, and the loca- 
tion of the school-house site is left to the discretion of the board. 

Reveesed. 
ALONZO ABERNETHY, 

September 7, 1875. Superintendent of Public Instruction. 



J. E. Brown v. District Township of Yan Meter. 
Appeal from Dallas County. 

1. Appeal. The adoption of the committee's report in favor of retaining the 
old school-house site, is an action from which appeal may be taken. 

2. Board of Directors. The action of the board cannot be reversed upon the 
allegations of appellant without proof, or by reason of failure of the board to 
make defense. 

3. . The acts of the board are presumed to be regular, legal and 

just, and should be affirmed on appeal, unless proof is brought to show the 
contrary. 

4. : Discretionary acts of. The weight which properly attaches to 

the discretionary actions of a tribunal vested with original jurisdiction, does- 
not apply to the decisions of an inferior appellate tribunal. 

The county superintendent reversed the action of the board in selecting 
the old site in subdistrict number two, upon which to erect a new school- 
house, and located the site about eighty rods westward of the old one. 
From this decision -the district township appeals, claiming in substance 
that the county superintendent erred as follows: That there was no action 
of the board relative to the selection of a school-house site in subdistrict 
number two from which an appeal would lie; that the board failed, by 
reason of a misunderstanding, to appear and defend, and that they wer& 
unjustly refused a rehearing; that the old site was suitable, convenient, 
and at the center of population, both present and prospective; and that 
the reversal of the action of the board was without sufficient cause, there- 
being no evidence that they abused their discretionary power or actedi 
with injustice. 



^0 SCHOOL LAW DECISIONS. 

From the transcript it appears that a committee was appointed to select 
■a site for the erection of a school-house in subdistrict number two, tiiat 
they reported in favor of the old site, and that their report was adopted 
by the board. The law provides that an appeal may be taken by any 
party aggrieved, from any order or decision of the board. 

That there was an action of the board, and that the subject-matter to 
which such action relates is the location of a school-house site in sub- 
district number two, there can be no reasonable doubt, hence the action 
of the board was subject to appeal, and such appeal gave to the county 
superintendent jurisdiction in the matter of location of said school- 
house site. Gosting v. District Township of Lincoln. 

It is the duty of the county superintendent to give due notice to all 
parties directly interested in an appeal from the board, and to afford full 
opportunity for the presentation of evidence, but the action of the board 
cannot properly be reversed upon the allegations of the appellant with- 
out proof, or by reason of the failure of the board to be present and 
make defense. The acts of the board are presumed to be regular, legal 
and just, and should be affirmed by the county superintendent unless 
proof is brought to show the contrary. Bacon et al. v. District Town- 
ship of Liberty.^ page 150, School Law Decisions of 1876. In this case, 
however, the board appear to have had due notice and ample oppor- 
tunity to defend the case. It is not claimed that any additional evidence 
•could be produced that would materially affect the issue; but that the 
board, understanding through popular report that the case was with- 
drawn, failed to be present at the trial, and upon this ground ask for a 
rehearing, which was very properly refused. 

The site selected by the county superintendent is nearly central, being 
eighty rods west of that chosen by the board. Botli appear to be 
■suitable. The eastern part of the subdistrict is mostly prairie land, while 
the western portion is, to a considerable extent, timber land. 

The evidence as to which site will better serve the interests and con- 
venience of the residents of the subdistrict is conflicting. The board is 
■entitled to the benefit of any doubt upon this point. Unless it is clearly 
proven that they have violated law, abused their discretionary power, or 
;have acted with manifest injustice, their action should be aflirmed. 
Edwards v. District Township of West Point. 

It is urged by the appellee that the same weight attaches to actions of 
an inferior appellate tribunal, upon appeal, that is given to tribunals 
having original jurisdiction. It is held that the action of the board in 
matters of which they have original jurisdiction, is alone entitled to this 
consideration by any superior tribunal upon appeal. 

Reversed . 
ALONZO ABERNETHY, 

September 17, 1875. Superintendent of PiMic Insti^nction. 



SCHOOL LA.W DECISIONS. 61 



D. R. Lang et al. v. District Township of Linn. 

Appeal from Warreti County. 

i. Appeal. Where changes are effected in disti-ict boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board con- 
curring or refusing to concur, but not from the order of the board taking 
action first. 

2. Notice. The appearance of a party at the hearing is a complete waiver of 
notice. 

3. District Boundaries. In the determination of district and subdistrict 
boundaries, temporary expenditures and individual convenience should be 
subordinated to the more important considerations relating to simplicity of 
outline, compactness of shape, uniformity of size, and permanence of sites 
and boundaries. 

Sections 1 and 12 of Linn township have been attached to Greenfield 
township for school purposes, and with sections 5, 6, 7, and 8, thereof,, 
constitute a subdistrict in the district township of Greenfield, the school- 
house being in the southwest corner of section 5. 

The boards of both Greenfield and Linn townships, at their regular 
meetings in September, 1874:, adopted a motion to the effect that sections- 
1 and 12 be restored to Linn township, but at a subsequent meeting, the- 
Linn township board rescinded their action. Again, at the regular- 
meeting in September, 1875, both boards took action, the Greenfield 
board adopting, and the Linn, rejecting, the motion for restoration. 
Appeal being taken from the decision of the Linn board, the county 
superintendent reversed their action, and H. JVI. Close, president of the, 
board, appeals. 

The allegations of the appellant, that the county superintendent had 
no jurisdiction, it being a case requiring the decision of two boards of' 
directors, was not established, since the board of Greenfield township 
had acted affirmatively upon the question of transfer. Dayton v. District 
Township of Cedar., page 128, School Law Decisions of 1872. 

It was alleged, that by reason of insufliciency of notice, interested 
parties were not present at the trial before the superintendent; but the 
appearance of the president of the board was a complete waiver of notice. 

It would appear that the territory in question was legally restored to 
Linn township by the concurrent action of the two boards interested, in 
September, 1874, but, as the Linn township board, at a subsequent 
meeting, rescinded their action relating thereto, it continued under the 
jurisdiction of the Greenfield board, until transferred by the decision of 
the county superintendent. 



^2 SCHOOL LAW DECISIONS. 

The affirmance of the decision of the superintendent will involve the 
district in some expense, and will be attended with some inconvenience 
to a portion of the residents of the territory affected thereby, which, by 
a reversal, mig-ht be postponed, but only postponed, since the element 
which has so persistently sought this territorial restoration, will doubt- 
less continue its efforts until successful. It will, on the contrary, be in 
accord with the expressed wishes of the Greenfield board, and of a large 
minority of that of Linn. It will restore the boundaries to their normal 
condition, will render practicable the formation of subdistricts of com- 
pact shape and uniform size, will tend to secure, at an early day, the 
permanent location of school-house sites and subdistrict boundaries, and 
it is believed will contribute to the harmony and best interests of the 

district. 

Affirmed. 
ALONZO ABEKNETHY, 

February 25, 18T6. 8ujperintendent of Pvhlic Instruction. 



Joseph Hays v. District Township of Chester. 
Apjpeol from PowesMeh County. 

1. Appeal. Appeal may be taken from the action of the board in laying the 
subject-matter of a petition on the table. 

2. Testimony. Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full ijresentation of the issues involved, even if irrelevant 
testimony is occasionally admitted. 

Subdistrict number one is composed of sections 1, 2, 11, 12, 13 and 
14, and subdistrict number six of said district township is composed of 
sections 23, 24, 25, 26, 27, 34, 35 and 36. A petition was presented to 
the board praying that sections 1, 2, 11 and 12 be made a subdistrict. 
The board being in session, a motion was made to form one subdistrict, 
to be composed of said sections, 1, 2, 11 and 12, and another subdistrict 
to be composed of sections 13, 14, 23 and 24. This motion was lost, 
reconsidered, and again lost, when on motion the whole subject was laid 
on the table. 

Upon appeal the county superintendent made an order for the forma- 
tion of two subdistricts as follows: subdistrict number one to consist of 
sections 1, 2, 11 and 12, subdistrict number six to consist of sections 13, 
14, 23 and 24. Winchester Stockwell, on behalf of the board, appeals. 

At the hearing before the county superintendent the appellee moved 
to dismiss the case for the reason that the secretary's transcript shows 
the subject-matter complained of to be still pending before the board, 
and that no final decision or order had been made in relation to the case. 



SCHOOL LAW DECISIONS. 63 

From the transcript it appears that the board had twice refused by direct 
Tote to form the subdistricts in question. The subsequent motion to lay 
the whole matter on the table was a convenient method of preventing 
further discussion. The motion to dismiss the case was properly over- 
ruled. 

One of the errors assigned in the affidavit is, that the superintendent 
permitted the introduction of testimony pertaining to matters outside of 
those presented by the appeal. If this were true, which is not apparent 
from the record, it would not form a valid ground for reversal. 

Considerable latitude should be allowed in the introduction of testi- 
mony, to make a full presentation of the issues of the case, even if 
irrelevant testimony is occasionally admitted. 

Some of the residents upon the territory in question have an unreason- 
able distance to send to school. The change made by the superintend- 
ent establishes two subdistricts of uniform size and shape, and will 
probably permit the erection of school-houses on permanent sites, con- 
venient of access for all, and it is believed will eventually prove to be 
for the best interests of the district. 

Affirmed. 

ALONZO ABERNETHY, 

April 15, 1876. Superintenderit of Public Instruction. 



Mary M. Thompson v. District Township of Jasper. 
Appeal frdm Adams County . 

1. Teacher. When a teacher is dismissed in violation of his contract, an action 
in the courts of law will afford him a speedy and adequate remedy; when dis- 
charged for incompetency, dereliction of duty, or other cause affecting his 
qualifications as a teacher, he has the right of appeal. 

2. . The teacher is entitled to the counsel and co-operation of the sub- 
director and board in all matters pertaining to the conduct and welfare of the 
school. 

The board discharged Miss Mary Thompson for dereliction of duty as 
teacher in one of the public schools of the district. She appealed to the 
county superintendent who reversed their decision; from this action, the 
board through their president, John McDevon, appeals. 

At the hearing before the county superintendent the board filed a 
motion to dismiss the case for want of jurisdiction, insisting that the 
teacher having been dismissed in accordance with the provisions of sec- 
tion 1734, her proper remedy was an action at law for damages. 

When a teacher is dismissed in violation of his contract, an action in 
the courts of law, on the contract, will afford him a speedy and adequate 



64 SCHOOL LAW DECISIONS. 

remedy; when discharged for incompetency, dereliction of duty, or other 
cause affecting his qualifications as a teacher, he has the right of appeal 
to the county superintendent, who is the proper officer to review ques- 
tions of this charactei', and to determine whether the board have in the- 
exercise of their authority violated the law or abused their discretionary 
power. Questions concerning the validity of contracts, the right to 
recover for services performed, and the interpretation of law, belong 
especially to judicial tribunals. Questions concerning the character and 
qualifications of the teacher, and his management of the school, are, 
by appeal, within the jurisdiction of the county superintendent. Th& 
motion to dismiss was properly overruled. 

The charges of dereliction were want of promptness in commencing 
school in the morning, and an occasional refusal to hear the recitation of 
one or more of her pupils. For this dereliction there appears to have 
been some extenuating circumstances. Under the contract it was the 
subdirector's duty to have fires built. The boy employed to do this, 
work often failed to have the school-house in comfortable condition at 
nine o'clock. The teacher usually made up lost time by teaching after 
four o'clock, and there is no evidence that the subdirector or board ever 
advised her with regard to the performance of her duties. The board 
convened at the school-house without previous notice to the teacher, and 
after taking the testimony of some of her pupils, unanimously voted to 
discharge her. Affirmed. 

ALONZO ABERNETHY, 

May 8, 187G. Swperintendent of Puhlic Instruction. 



S. W. Woods et al. v. District Township of Brighton. 
Appeal from Cass County. 

1. Board of Directors. The acts of the board must be presumed to be regu- 
lar, and should be affirmed on appeal unless positive proof is brought to show 
the contrarJ^ 

2. School-house Site. The prospective wants of a subdistriet may properly 
have weight in detei'mining the selection of a site, when such selection be- 
comes necessary, but not in securing the removal of a school-house con- 
veniently located for the present. 

3. ■■ . To make a distinction between the children of freeholders and 

those of tenants in determining the lu-oper location for a school-house, is con- 
trary to the spirit and intent of our laws. 

The board by a vote of five to two rejected a petition asking the re- 
moval of the school-house in subdistriet number eight. On appeal the 
county superintendent reversed the action of the board, and ordered the 



SCHOOL LAW decisio:ns. 65. 

removal of the school-house to the place named in the petition. Wm.. 
F. Altig appeals. 

Subdistrict number eight contains sections 27, 28, 33, 34, and sixty- 
acres lying in section 32, and has a good, commodious school-house^, 
erected three years ago, one-half mile west of the center, on a public- 
road passing east and west through the center of the subdistrict. There 
are about thirty children of school age in the subdistrict, twenty-two of 
whom reside in the western half, and nineteen west of the present site- 
All those residing east of the present site, except one child, are within a 
mile and a half of the school-house, while by the proposed removal, a 
large number would be at a greater distance. 

The action of the board in refusing to remove a school-house shouldl 
not be interfered with on appeal, except upon evidence of violation of 
law, or abuse of discretionary power. In this case there is no evidence 
of such abuse. The prospective wants of a subdistrict may properly have 
weight in determining the selection of a site upon which to build a school- 
house, when such a selection becomes necessary, but not in determining 
the removal of a house, located conveniently for the present wants of the 
subdistrict. 

It appears that a considerable portion of the school population consists 
of the children of tenants, and much stress is laid upon the assumed dis- 
tinction that should be made between the children of tenants and those 
of freeholders, in determining the proper location of the school-house. 
Distinctions based upon the ownership of property, or permanence o£ 
residence are not made in the law, would not well comport with the funda- 
mental principles upon which our public school system is based, an(3 
should not have weight in determining the location of school-house sites. 
It is the duty of the board to provide equal school facilities for the youth 
of the district as far as practicable, regardless of considerations relating 
to permanence of residence. 

The school-house may properly be removed whenever the conditions of 
the subdistrict require it, but unnecessary expense should not be incurred 
in such removal in anticipation of possible, or even probable, changes of 
this character. 

Reveesed. 
ALONZO ABERNETHY, 

July 31, 1876. Superintendent of Public Instruction. 



QQ SCHOOL LAW DECISIONS. 



J. N. Akthue et al. v. Independent Distkict of Fairway. 
Appeal from Adams Comity. 

i. School-house Sites: Location of. The necessities of the present must be 
observed in locating school-house sites, in preference to the probabilities of 
the future. 

2. New Evidence. New evidence can be introduced only when the facts mate- 
rially affecting the case could not have been known before the trial. 

3. Remanding of Cases. When the evidence discloses that the action of the 
board was an unwise one, and the facts ai'e not sul33ciently shown to determine 
what should be done, the case should be remanded to the board. 

* 

In this case the board of the independent district of Fairway made 
an order on the 26th of April relocating the school-house site; from this 
order J. N. Arthur and others, residents of the district, appealed to the 
county superintendent, and upon his affirming the action of the board, 
to the superintendent of public instruction. 

The district consists of sections one, two, eleven, twelve, thirteen and 
fourteen, and the old school-house stands near the southwest corner of 
the southeast quarter of section one. The proposed new site is in the 
northwest corner of the southwest quarter of the northwest quarter of 
section twelve, on a public highway, and one quarter of a mile north of 
the geographical center of said district. 

The grounds of objection by the appellants to the removaPare substan- 
tially, that the new site is on low bottom lands and subject to overflow, 
fiot accessible at all times of the year, and that it is not as near the cen- 
ter of the school population as the old site. They also suggest that a 
location at the cross roads one-half mile east of the new site is better 
ground and more convenient to the people. In fixing the school-house 
site, the geographical position and the convenience of the people of each 
portion of the district should be considered. Section 1724, School Laws 
of 1876. 

From the large amount of testimony it is evident that the new site 
chosen is in a low place, and an affidavit sent to this office, and signed by 
a number of residents, proves beyond question that the site has been 
overflowed for several days of the last month. By a close comparison it 
is found that the number of residents who will have their distance to 
school increased by choosing the new site, is greater than of those who 
will have their distance diminished. By locating the school-house at the 
cross roads, one-half a mile east of the proposed new site, which location 



SCHOOL LAW DECISIONS. g^ 

is claimed to be higher, and therefore less liable to overflow, three- 
fourths of the residents will have their distance diminished by forty to 
one hundred and-sixty rods. 

Although it may be true, as is affirmed in the testimony, that the west- 
ern part of the district is as capable of settlement as the eastern part, the 
necessities of the present must be observed in locating school-house sites, 
in preference to the probabilities of the future. While it is the rule of 
this department to sustain discretionary acts of the board, it seems that 
in this case the true interest of all concerned, and justice to a large por- 
tion of the people, demands that the school-house should not be moved 
to the new site chosen. 

To what extent the high waters of last month did affect the other loca- 
tions under consideration, is not known to this department, it is therefore 
best to let the matter come up anew before the county superintendent for 
a rehearing. The decision of the county superintendent is therefore re- 
versed, and the case remanded for a rehearing, with the direction from 
this department that the proposed new site is an unsuitable one for school 
purposes. 

Reversed. 
C. W. voN COELLN, 

October 31, 1876. Superintendent of Public Instruction. 



R. Buzzard v. Independent District of Liberty. 
Appeal from Monroe County. 

Quo Warranto. The only proper means of affirming the right to exercise the 
privileges of au office, or to contest the illegal exercise of the same, is set forth 
in sections 3345-3352. 

This is an action brought to compel the board of the independent dis- 
trict of Liberty to recognize R. Buzzard as a member elect. 

The evidence in the case seems to show that the appellant was duly 
elected and qualified. On presenting himself at the meeting of the 
board, he was by vote of the board debarred from acting, and another 
person admitted as a member. From this order of the board he appealed 
to the county superintendent, who dismissed the case for want of juris- 
diction. From this action R. Buzzard appeals. 

It has been the uniform decision of this department that the right or 
title to oflice cannot be determined by any authority other than a court 
of law. We are compelled to agree with former opinions, by supreme 
court^decisions, 16 Iowa, 371, 17 Iowa, 368, 22 Iowa, 75, in which the fact 



68 SCHOOL LAW DECISIONS. 

that an information quo warranto is the only proper means legally to 
affirm the right to exercise the privileges of an office or to contest the 
illegal exercise of the same, is clearly set forth. 

In all cases over which we have jurisdiction, our decision is final; 
hence, if for no other reason, we cannot assume jurisdiction in this mat- 
ter, as both parties have access to the courts, as provided by sections 
3345-3352 of the Code. The county superintendent therefore very 
properly decided to dismiss the appeal, and his order is hereby 

Affirmed, 
C. W. VON COELLN, 

July 2, 1877. Superintendent of Public Instruction. 



J. J. Wilson et al. v. District Township of Monboe'. 
Appeal from Mahaska Comity. 

1. County Superintendent: Jurisdiction of. The county superintendent is 
not limited to a reversal or affirmance of the action of the board, but he deter- 
mines the same questions which they had determined . 

2. School-house Site: Location of. The location of a school-house can be 
dependent upon a change of boundaries only when it is shown in evidence that 
it is the definite and positive intention to make such a change. 

3. Conditional Ruling. A county superintendent may make a conditional 
ruling, by which his own decision is governed. 

On the 14th day of April, 1877, the board of the above named dis- 
trict township located the site for a school-house. From their action J. J. 
Wilson and others appealed to the county superintendent, alleging that 
the board had erred in making the location, in that, by reason of dis- 
tance owing to the location of the roads, the location as made effectually 
deprived many of the subdistrict of the privilege of attendance at school. 
On trial, the county superintendent reversed the action of the board and 
located a new site. From his decision the board appealed to this 
department, claiming that the county superintendent erred in selecting 
a site entirely different from those with reference to which testimony was 
taken; that it is on the extreme east line of said subdistrict, and hence 
cannot be called at all central; that the board took into account in making 
the location the possibility of a change in the northern boundary of the 
subdistrict, which would make the situation chosen a suitable one for the 
remaining subdistrict; that a portion of his decision was conditional and 
void; and that the board did not abuse the discretion vested in them by 
making the location as they did. 



SCHOOL LAW DECISIONS. 69 

The assumption that the county superintendent did not have the right 
to locate a school-house site differing in location from the one made by 
the board, or the one petitioned for by the appellants, is a mistake. See 
John Clark v. District Township of Wayne, School Law Decisions of 1876, 
page 47; also the opinion of the attorney general in Iowa School Journal 
for April, 1866, in which the following ruling was made: "The county 
superintendent is not limited to a reversal or aflBrmance of the action of 
the board, but he determines the same questions which it had deter- 
mined." 

The nature of the subdistrict is peculiar. It is long and narrow, and 
its western boundary, the North Skunk river, which also makes nearly 
all its southern boundary, is a disturbing element when we attempt to 
locate the site of a school-house to accommodate all the people. While 
under ordinary circumstances a site near the boundary of a subdistrict 
would be unadvisable, in this case it seems necessary, unless additional 
road facilities can be secured. The site selected by the county superin- 
tendent is clearly the one best calculated to accommodate the whole sub- 
district as constituted at present. 

The location of a school-house site can be dependent upon a change of 
boundaries only when it is shown in evidence that it is the intention of 
the board, or boards, to make such change. E. Gostifig v. District 
Township of Lincoln. In this case, it is not claimed that any change is 
actually intended or expected. The limit, as made provisionally by the 
county superintendent, of thirty days for such changes of roads as would 
make a more central location feasible and desirable, was too short a time, 
under the provisions of law, to effect the result. For that reason we shall 
extend the time for the establishment of a road to ninety days from the 
date of his decision, or to such time as the board of directors may show 
to be necessary to establish the road, provided that immediate steps shall 
be taken to bring about the result, if desired. 

Th.e_discretion of the board was evidently abused in not providing 
equal school facilities for those living in the northern portion of the sub- 
district, by their location of the school-house site. 

In case the road contemplated is secured, the board may locate the site 
thereon, as near the center of the subdistrict as good and suitable ground 
can be found. If no steps are taken to secure such a road, or in case 
the road cannot be procured, the location last chosen by the county 
superintendent is to be regarded as the site, and his decision is hereby 

Affirmed. 
C. W. VON COELLN, 

August 7, 1877. Sup)€rintendent of Public Instruction. 



70 SCHOOL LAW DECISIONS. 



Kennon, Osme, et at. v. Independent District Numbek Four, Nod- 
away Township. 

Appeal from Adams County. 

1. School-house Site. The choice of a school-house site by the electors has no- 
binding effect; 

2. Discretionary Acts. Since the board have original jurisdiction, their dis- 
cretionary acts should not be interfered Avith by an appellate tribunal, although 
not agreeing with their judgment, unless they violated law, showed prejudice 
or malice, or abused their discretion in such manner as to require interference. 

At the annual meeting in March, 1877, the electors of independent 
district number four, Nodaway township, voted to issue bonds to build 
a school-house, not specifying where to build said house. The board 
called an informal meeting of the electors, which was held May 12, tO' 
give expression to their views as to the location they would prefer. On 
the second of June the board made a location differing- from the one 
which a majority of the electors had indicated as their choice. From 
this order of the board, Kennon, Orme and others appealed to the 
county superintendent, who on trial reversed the order of the board, and 
selected the site chosen by the electors at the special meeting. David 
Shipley and Joseph Landes. members of the board, appeal. 

The evidence in the case discloses a desire on the part of the board to 
determine without prejudice, the best site. The expression of the electors 
as given, was only suggestive, and not of binding force. If the site had 
been fixed by them at the time of, and in connection with, the voting of 
the bonds, the board would have been compelled to follow those instruc- 
tions. See Hiibbard v. District Township of Lime Creek, first division of 
syllabus. But there is no provision in law for an extra or special meeting 
of electors to instruct a board with regard to the location of a site, nor 
are such suggestions of any force except as an expression of opinion, 
since the board are by law invested with tlie power to locate sites. 

The fact that one member of the board changed his mind with regard 
to the best location, shows that on further consideration his judgment led 
him to favor the site best adapted to the needs of the district, since we 
may not question his motives, but must regard his action as based upon 
proper grounds. 

The site chosen by the board is near the geographical center of the 
district, and the location of the roads, as shown by the plat in evidence, 
is such as would not warrant us in reversing the discretionary act of the 
board. And even though an appellate tribunal does not fully coincide 



SCHOOL LAW DECISIONS. 71 

with the decision of the board, it is compelled to sustain their action^ 

unless it is proved conclusivelj^that they violated law, acted with passion 

or prejudice, or with manifest injustice, since boards of directors are 

invested by law with large discretionary powers, and having original 

jurisdiction, their acts are entitled to great consideration, and should not 

be reversed without the clearest reasons. The board are entitled to the 

benefit of every doubt. See Bacon v. District Township of Lilerty, 

School Law Decisions of 1876, page 150, Edwards v. District Township 

of West Point; also Brown v. District Township of Van Meter. 

The superintendent should have affirmed the action of the board, and 

because we do not believe that the discretionary power of the board has 

been abused to such an extent as to require a reversal, his decision is 

hereby 

Reversed. 

C. W. VON COELLN, 

November 13, J 877. Svperintendent of Public histruction. 



T. J, DuNLAVY V. O. M. Klinginsmith. 
Ap>pecd from Davis County. 

1. Punishment. The use of the rod is allowable as a last resort. 

2. Certificate: Revocation of . The icability to govern is snfficieBt reason for 
withholding a certificate and for the revocatioh of the same. 

3. : . A certificate which has expired by limitation cannot be revoked. 

In this case T. J. Dunlavy brought charges against O. M. Klingin- 
smith, the teacher of his children, for brutal treatment, the specification 
being that said Klinginsmith whipped Dunlavy's stepson cruelly and 
excessively. Other charges were first prepared, but finally withdrawn. 
The county superintendent decided that the charges were not sustained, 
and Mr. Dunlavy appeals to this department. 

The claim made by appellant's counsel, that all whipping is now nearly 
frowned down by the people, if not by the courts, does not seem to be 
well founded, when we consider the strong position taken by our own 
court in 45 Iowa, 250. That the use of the rod is the last resort of a 
good teacher, and is seldom used, we all admit; but scarcely an experi- 
enced educator will say that the use of the rod should be absolutely dis- 
continued. On the other hand, the counsel for appellee mistakes the 
jurisdiction of the county superintendent, when he claims that such a 
case as this one cannot afi'ect the withholding or revocation of a certifi- 
cate. 



7^ SCHOOL LAW DECISIONS. 

Although the general character of the teacher may be good, if he 
should fail to be able to govern a school without the constant use of the 
i-od, and govern but poorly at that, it is the duty of the county superin- 
tendent to protect the people from abuse by refusing to grant a certifi- 
■eate, or if he has granted it, he may revoke. 

In the case before us, it is undoubtedly true that the boy who received 
the whipping had provoked the teacher and deserved by his persistent 
small offenses a severe punishment. That the punishment was severe, 
and perhaps too severe, is apparent from the evidence. There is, how- 
ever, no good proof to show that the teacher punished with malice or 
intent to injure beyond a reasonable correction. 

The case itself ought to have been dismissed by the county superin- 
tendent, because if there was any object in the charges, it was for the 
purpose of revoking the certificate; but a certificate expiring by limita- 
tion on the 6th of January could not be reyoked on the 22d of January. 
As long as the case was decided on its merits, we feel obliged to sustain 

the discretionary act of the county superintendent. 

Affirmed. 

C. W. VON COELLN, 

April 22, 1878. Superintendent of Puhlic Instruction. 



Z. Daknell v. Independent District of Amity. 

Appeal from Lucas County. 

1. Suspension or Expulsion. Suspeusion or expulsion of a scholar, ia an inde- 
pendent district, requires the action of the board by a majority, and the con- 
currence of the president. 

■2. Records. The record of the secretai-y must be considered as evidence, unless 
there is proof of fraud or falsehood. 

The majority of the board of the independent district of Amity, 
expelled Z. Darnell from their school for refusing to obey a rule of the 
ieacher. The said Darnell appealed to the county superintendent, who 
aflirmed the action of the board, and an appeal is taken to the superin- 
tendent of public instruction. 

Section 1735 requires a majority of the board with the concurrence of 
the president in order to suspend or expel a scholar for gross immorality 
or persistent violation of the regulations or rules of the school. This we 
interpret to mean, that the board, in regular or special session, can by a 
majority of the board, with the concurrence of the president, suspend or 
expel. 



SCHOOL LAW DECISIONS. 73 

While there is some doubt in this case whether there really was a 
meeting of the board, we must accept the record of the secretary as 
correct so long as there is no proof of fraud or falsehood. 

Counsel for appellant seems to think that the law requires a regular 
trial and defense. The law makes no such demand. The remedy for an 
aggrieved party is an appeal before the county superintendent, where a 
trial is had and a defense can be made. 

The case in controvers}' shows on the trial that the young man, Dar- 
nell, had not obeyed the command of his teacher, who inflicted a slight 
punishment upon him and others, for a disturbance in which both he and 
other boys had participated. If this refusal to obey was persisted in, 
the board, under section 1735, had the right to suspend or expel the said 
Darnell. The offense for which the punishment was given was perhaps 
of trivial character, but the refusal to obey on the part of a young man 
capable of reasoning, was a serious offense, and must be treated as such. 

The expulsion of the young man was undoubtedly a severe measure, 
and if the case had been tried by us de novo^ we should have substituted 
a conditional suspension until obedience was secured. But the discre- 
tionary act of the board is not tainted by malice nor passion,, and there 
is sufficient reason for sustaining the action of the board. The decision 

of the county superintendent is therefore 

Affirmed. 

C. W. VON COELLN, 

June 10, 1878. Superintendent of Public Instruction. 



Wm. Donald v. District Township of South Fork. 
Appeal from Wayne County. 

1. Salary of Teachers. The salai'y of teachers should be in proportion to their 
ability and responsibility, and not equal when these circumstances differ 
materially. 

2. — . The control of salaries is wholly within the power of the board 

and cannot be determined by an appeal, because it is not within the jurisdic- 
tion of county or state superintendent to order the payment of money. 

On the 18th day of March, 1878, the board of the district township of 
South Fork made an order fixing the salaries of teachers in the town- 
ship for the summer schools at the uniform price of twenty dollars per 
month. From this action William Donald appealed to the county super- 
intendent, who affirmed the action of the board. From his decision 
William Donald appeals. 



74 SCHOOL LAW DECISIONS. 

It is alleged by the appellant that the county superintendent erred id 
deciding that the board did not violate law in voting that the same amount 
of salary should be paid to the teacher in each subdistrict. It is claimed 
that the board should have provided for a higher salary in some schools, 
of the township. 

The difficulty with appellant's counsel is that he believes the note to 
be a part of the law. My predecessor gave his own views of the emnloy- 
ment of teachers and I most fully agree with him in his view. The law 
leaves the whole matter to the directors and presumes that they will deal 
equitably. Unfortunately, selfishness is a nearly universal characteristic 
of human kind, and too often the majority, representing weak districts, 
weak both in numbers and in property, demands an equal distribution of 
the money on hand for teachers' pay. 

The law organizing the rural independent districts, passed in 1872, 
arose from the feeling that this selfishness was working injustice to little 
towns and wealthy and populous subdistricts. The creation of these 
independent districts works an injustice to the weaker districts, for it is 
proper and desirable that the wealthier districts should aid their weaker 
neighbors to sustain fair schools. 

With regard to this case, we do not see wherein the board violated 
law. The idea of prejudice is slightly apparent from the testimony, but 
not sufiiciently to reverse the action of the board. That equity has not 
been observed seems very evident, for it must be presumed that a larger 
school population requires a better teacher, and if a better and more 
experienced teacher is needed, a better salary ought to be paid. There 
are other considerations. Generally the expense of living is greater in 
the town than in the country. It is also the probability that a larger tax 
is paid by the town than by the country. 

We are not able at this distance to determine whether twenty dollars 
is a sufficient compensation for the teacher of subdistrict number four of 
South Fork. But if twenty dollars is only sufficient compensation for the 
country subdistricts, it is our belief that a higher compensation should 
be given for the teacher in the town. 

It is out of our jurisdiction to give advice to the board what to do in 
this case, after determining that we have no power to revei'se their 
action, but we suggest that equity would be served if they should pay 
the five dollars per month assumed by Mr. Anderson. After giving our 
views thus in full, we must agree with the county superintendent, and 
therefore the decision of the county superintendent is 

Affirmed. 
C. W. VON COELLN, 

June 29, 1878. SiijM^'intendent of Public Instruction. 



SCHOOL LAW DECISIONS. 75- 

James Jacoby et al. v. Independent District of Nodaway. 
Appeal from Adams County. 

1. School-house Site. A school-house site fixed by county or state superin- 
tendent affirming the discretionary act of the board, allows the boai'd to exer- 
cise their discretion again, especially if material changes have occurred. 

2. . The endeavor to show I'egard for the expressed wishes of the- 

electors in the choice of a site, will be an added i-eason in support of the action 
of the board. 

3. Discretionary Acts. Suggestions from the electors upo'n mattei's entirely 
within the control of the board will in no manner prevent the fullest exercise 
of the discretion vested in the board by the law. 

In the summer of 1877, the board of the independent district of Nod- 
away located a school-house site. They selected one not desired by a 
lar^e majority of the electors, as expressed at an informal meeting called 
by the board. An appeal was taken to the county superintendent, who 
reversed the action of the board, and in turn to the superintendent of 
public instruction, who reversed the decision of the county superintend- 
ent, thereby sustaining the action of the board, on the ground that abuse 
of the discretion given by the law to the board, as charged, was not 
proved. 

Since the decision above referred to was rendered, a dwelling has been 
erected within twenty rods of the site chosen. Also, a material addition 
has been made to the district on its east side of a strip of land three miles 
in length and one-half mile in width. 

At a meeting of the board held April 22, 1878, they relocated the 
school-house site, choosing the old site in place of the one selected by 
them last year. From their action James Jacoby and others appealed 
to the county superintendent, who affirmed the order of the board. From 
his decision D. Shipley and Ed. Kennedy appeal. 

This case was before us last year and we affirmed the action of the 
board in selecting the new site, sustaining the discretionary act of the 
board. Hence, the principle that a site selected by the county or state 
superintendent cannot be changed unless there have been material 
changes in *the district, does not apply. There have been changes by 
the addition of new territory and a dwelling being erected within les s 
than forty rods of the proposed site. The choice of the old site is in 
conformity with the wish of a majority of the electors, and does not prove 
any abuse of discretion, much less a violation of law. The action of the 
board is therefore sustained, and the decision of the county superintendent 

Affirmed. 
C. W. YON COELLN, 

August 26, 1878. Superintendent of Public Instruction. 



76 SCHOOL LAW DECISIONS. 



L. E. CoEMACK Y. District Township of Lincoln. 
Appeal from Adams County. 

1. CoNTKACTS. An appeal will not lie to enforce a contract. 

3. Janitokial Seryices. If a teacher serves as janitor in sweeping the room and 
building fires, he should be paid from the contingent fund for such services. 

Mr. \^aiidyke, a subdirector, contracted with Mrs. L, E. Cormack as 
teacher for the winter term of school. The terms of the contract included 
that the teacher was to receive twenty-five dollars per month for teach- 
ing and one dollar and twenty-five cents a month for building the fires 
and sweeping the school-house. The board refused to audit the full 
account, which would give the teacher pay for janitor's work, claiming 
that the said subdirector exceeded his authority in so contracting. Mrs. 
Cormack appealed to the count}^ superintendent, who reYcrsed the action 
of the board. W. C. Potter, president of the board, appeals. 

This case has evidently for its object the securing of money on contract, 
and as section 1836 preYcnts county and state superintendents from ren- 
dering a judgment for money, it has been the common custom to refuse 
to entertain any appeal in which a contract is to be decided by such appeal; 
for this reason the county superintendent should haYC dismissed the case 
for want of jurisdiction. 

It may not be out of place here to state that unless a contract with the 
teacher provides that building fires and sweeping the house is included, 
the board cannot lequire such service of the teacher. The payment for 
«uch services should come from the contingent fund and should be spe- 
cifically mentioned. The teachers' fund is not to be used for paying for 
janitorial serYices. 

Without deciding any question at issue, we are of the opinion that the 
subdirector did not exceed his authority given him by section 1753 when 
he agreed to pay a reasonable sum for janitorial services besides the 
twenty-five dollars paid under instruction from the board for teacher's 
services. But since we do not consider the case within our jurisdiction 
the decision of the county superintendent is reversed and the case dismissed. 

Reversed. 
0. W. YON COELLN, 

March 1, 1879. Sitperintendent of Public Instruction. 

Note— We have since learned that the teacher recovered in a suit in the courts at law. 



SCHOOL LAW DECISIONS. 7T 



District No. 2, Harlan Township, v. District I^o. 1, Harlant 

Township. 

Appeal from Page County. 

1. Affidavit. The lack of an affidavit is sufficient ground to refuse a hearing- 

2. Arbitration. If the county superintendent is asked to arbitrate no appeal 
will lie. 

3. Tuition. Collection of tuition under section 1793 cannot be done by appeal tO' 
the county superintendent, but must be settled through the courts. 

We fail to find in this case the aiSdavit of appeal from an action of 
the board of number one. This of itself is such an irregularity as tO' 
invalidate the whole proceeding. From the secretary's transcript and 
the evidence we learn that district number two presented a bill of tuition 
to district number one, and that the latter refused to pay the same, 
whereupon the two boards agreed to an arbitration by the county super- 
intendent. If this is the transaction we have no right to meddle with 
such arbitration, and it should be adhered to by both parties. If the- 
case had been regularly before the county superintendent on appeal, 
based upon proper afiidavit, our opinion is that the county superintend- 
ent should have dismissed the case, as it was indirectly a judgment for 
money, which neither county nor state superintendent can decide. The 
manner of deciding such cases is indicated in section 1Y93. The account, 
if refused, should have been presented to the county auditor, and by him 
be paid from the next semi-annual apportionment. The other board has- 
a remedy by injunction upon the auditor. 

We would add here that we have held that such a notice by a secretary 
holds good only for the term, or for such longer time as the board may 
agree upon. 

At present, with the amendment made by the seventeenth general 
assembly, chapter 41, no such account can be made except by consent of 
the county superintendent, in which case no appeal will lie. 

With these explanations we feel obliged to dismiss the case as not 
within our jurisdiction. 

Dismissed. 
C. W, von COELLN, 

April 24, 1879. Superintendent of Pnhlic Instruction^ 



78 SCHOOL LAW DECISIONS. 



W. F. Rankin y. Distkict Township of Lodomillo. 
Appeal from Clayton County. 

1. Records. The record of the secretary shall be considered as evidence, and 
cannot be invalidated by parol evidence unless there is proof of fraud* or 
falsehood. 

2. Territory: Transfer of. Where territory is to be transferred by concurrent 
action of two boards to the district to which it geographically belongs, a 
majority of the members elect is not necessary, as required for the change of 
subdistrict boundaries. 

This appeal relates to the transfer of territory in the civil township of 
■Cass, which has belonged to the district township of Lodomillo since 
1856, to the township to which it geographically belongs. 

The board of the district township of Cass appointed a committee to 
meet a committee chosen by the Lodomillo board, to agree upon terms 
of transfer. The district township of Lodomillo also appointed a com- 
mittee. The joint committee agreed upon a report, which the board of 
•Cass adopted September 16, 1878. On the 12th day of October, 1878, 
the Lodomillo board, by a vote of four of the six members present of a 
board of ten, also adopted the report and accepted the proposition 
agreed to by the board of Cass. 

From the action of the Lodomillo board W. F. Rankin appealed to the 
county superintendent, who dismissed the case for want of jurisdiction, 
and stated that the action of the board was plainly in violation of the 
law, since section 1738 requires a majority of the board to change the 
boundaries of subdistricts. From this decision W. F. Rankin appeals. 

The secretary's transcript of the transactions of the meeting of the 
l)oard of Lodomillo, held October 12, 1878, does not show any irregu- 
larity in the transaction, does not show the number of members present, 
nor the number of votes cast by. which the motion was carried. 

According to a well established principle of law the records of any 
public or private corporation must be considered regular, and cannot be 
set aside by parol evidence, except under an allegation of fraud. Based 
upon the evidence of the transcript the whole transaction was carried on 
in conformity with law, and we can see no reason to interfere with the 
action of the board. If we admitted the testimony of M. E. Axtel, 
showing that only six members of a board of ten were present, and that 
four of these six voted for the transfer, we would still hold that said 
transfer was legally made. 



SCHOOL LAW DECISIONS. 79 

The action of the board was not a chano;e of boundaries of subdis- 
tricts, but a transfer under section 179S. The territory transferred, 
being part of districts organized before the law of 1858 took effect, 
could be transferred by concurrent action of the boards to the district to 
which it geographically belongs, and the limitation of section 1738, 
requiring a majority of the board to change subdistrict boundaries, is 
not applicable to this case. 

The appeal is brought from the action of the board which concurred, 
and is therefore taken in a proper manner. For the reasons set forth 
the action of the board is sustained and the decision of the county super- 
intendent is Reversed. 

C. W. VON COELLN, 

May 28, 1879. Sxiperintendent of PiMic Instruction. 



L. B. CoLBUEN et al. v. District Township of Silver Lake. 

Appeal from Palo Alto Comity. 

1. Evidence. To establish malice or prejudice on the part of the boai'd, positive 
evidence must be introduced. 

2. County Superintendents. A county superintendent should not ask the state 
superintendent to decide a case on appeal for him, but maj'^ ask for an inter- 
pretation of law, either by the state superintendent, or through him, by the 
attorney-general. 

On the 25th day of August, 1879, the board of the district township of 
Silver Lake fixed the location of a school-house on the old site. From 
this order of the board, L. B. Colburn and others appealed to the county 
superintendent, who affirmed the action of the board, and from this 
decision the same parties appeal. 

Among the errors enumerated, the appellants urge that the county 
superintendent erred in holding that the board was not actuated by pas- 
sion or prejudice. We fail to find any evidence establishing the exist- 
ence of such malice or prejudice on the part of the board. Appellants 
also claim that the county superintendent erred in basing his decision 
on the verbal opinion of the state superintendent, given prior to the 
hearing of the case. 

Ttiis gives us an opportunity of censuring a practice quite common 
among county superintendents to ask the superintendent of public 
instruction for his opinion in an appeal which is pending. I have made 
it a universal practice to refuse answers upon the questions involved in 
the particular case, and have given only general principles which should 



80* SCHOOL LAW dI:cisions. 

govern county superintendents in determining cases of appeal. These 
general principles are so well established that an intelligent county 
superintendent ought to be familiar with them. 

I believe that I advised the county superintendent in this case not tO" 
measure the respective distances of the different locations from the geo- 
graphical center, before the trial of the appeal. 

It is proper for a couDty superintendent to ascertain the interpretation 
of points of law, by securing an opinion from this department, or from 
the attorney-general through this department. 

Without fully determining the merits of the respective locations, we 
must hold that the board did not abuse their discretion sufficiently to 
warrant interference. The appellants failing to prove malice or preju- 
dice on the part of the board, their order should stand, and the decision 
of the county superintendent affirming their action is 

Affiemed. 
C. W. VON COELLN, 

March 30, 1880. Super inteiident of Public Instruction. 



Wm. Bartlett V, District Township of Spencer. 
Appeal from Clay County. 

1. Appeal. May be taken by any resident elector of the district, aggrieved by 
an action of the board. 

2. Boundaries. Must conform to congressional divisions of land. 

3. ScHOOL-HOUSE SiTE: Profer location of. Depends upon form of subdistrict. 

4. Territory. All territory must be included within some school district. 

On the 22d day of October, 1881, the board of the above named dis- 
trict township adopted the report of a committee locating a site for a 
school-house in subdistrict number nine on the southeast corner of the 
southeast quarter of section twenty-one. From their order, William 
Bartlett appealed to the county superintendent, who reversed the action 
of the board and located the site on the northwest corner of the north- 
east quarter of the southeast quarter of section twenty-one. From this 
decision of the county superintendent, C. F. Archer and D. A. Davis 
appeal. 

The counsel for the appellants files a motion to dismiss the appeal on 
the ground that persons not parties to the hearing below are debarred 
from appealing to the superintendent of public instruction. It has been 
repeatedly held that any person aggrieved may prosecute an appeal from 
the decision of the county superintendent, unless the right of appeal has 



SCHOOL LAW DECISIO^JS. SI 

been waived by previous ao^reement. See Edwards et al. v. District 
Township of West Point, also Gosting v. District Township of Lincoln, 

The subdistrict in which the location was made was formed by action 
of the board at their regular meeting in last September. The bounda- 
ries fixed by the board at that time, as shown by the plats in evidence, 
are the Little Sioux river and Prairie creek on the north, east and south, 
and the half section line running north and south through sections eigh- 
teen, nineteen, thirty and thirty-one, as the western boundary. 

It is shown by the plat that the half mile strip on the western side of 
the subdistrict is supposed not to belong to subdistrict number nine, and 
it is stated by the county superintendent that this territory is supposed 
to be temporarily attached to the adjoining township for school purposes. 
We are co^npelled to notice this irregularity of boundaries, since the 
proper location of any school-house obviously depends largely upon the 
form and extent of the territory for which the house is designed. Section 

1796, providing for the creation of subdistricts and for subsequent alter- 
ations in their boundaries, contains the following: "Provided that the 
boundaries of subdistricts shall conform to the the lines of congressional 
divisions of land." 

When government lines follow large streams, or other bodies of 
water, a division is sometimes formed containing less than forty acres, 
but unless such exception applies, the smallest congressional division is 
the one-sixteenth of a section, or forty acres in a square form. In 
fixing the boundaries of subdistricts no smaller subdivision can be made, 
and a forty acre tract must be included in the subdistrict, or excluded, 
as a whole. 

The only provision of law by which the half mile strip could be 
attached to the adjoining district township, is found in section 1797. The 
transfer can be made only when natural obstacles intervene. It is appar- 
ent from the plats in evidence that no large unbridged stream, or any 
other natural obstacle, exists. Hence we must conclude that it is the 
duty of the board of directors of the district township of Spencer to pro- 
vide that the strip in question shall be a part of some subdistrict. It 
seems probable that a portion of the territory referred to will naturally 
fall to subdistrict number nine. 

The county superintendent appears to have presumed that the subdis- 
trict would ultimately include all the territory to the township line. That 
the territory does belong to the district township of Spencer, unless it 
has been attached to the adjoining township in accordance with section 

1797, there can be no question. 

Such being the facts in this case, and the evidence disclosing that the 
board did not exercise that care in selecting a site which is desirable 
when so many interests are involved, we are disposed to remand the case 
6 



1^2 SCHOOL LAW DECISIONS. 

to the board, with the sugojestion that they adjust the boundaries of the 
subdistrict, and determine upon some other site than the one chosen by 
rthem, with the intention to furnish the best accommodation to all parties. 

Reversed and ebmanded. 
J. W. AKERS, 
February 15, 1882. Superintendent of PahUc Instruction. 



J. D. Handersheldt v. District Township of Des Moines. 
Appeal from Jefferson County. 

1. Discretion: Abuse of. Is not established by evidence showing that a differ- 
ent action on the part of the board would have been preferred by the electors. 

:3. District Organization: Validity of. The county superintendent has no- 
jurisdictiou to determine the validity of district organization. 

A petition was presented to the board asking that certain territory in 
Des Moines township be set aside to form, in connection with territory 
to be obtained from the independent district of Liberty number eight, a 
new subdistrict to be known as subdistrict number nine, Des Moines 
township. 

The board acted on this petition and made the following order: " In 
the matter of the petition of J. D. Handersheldt and Silas Pearson, ask- 
ing for rhe formation of a new subdistrict to be known as number nine, 
in the district township of Des Moines. All the territory within the 
boundary lines therein described, is hereby granted, provided sufficient 
territory be granted by the independent school district of Liberty num- 
ber eight, to make a suitable and convenient subdistrict as to the amount 
of territory and the number of children of school age; and provided, 
that in case the territory is not granted by said independent district of 
Liberty number eight, then said territory hereby granted shall remain 
sand be a part of subdistrict number five, of the district township of Des 
Moines." 

On the 28th day of April, 1882, the board of the district township of 
Des Moines, at a special meeting, adopted the following resolution: "It 
is hereby ordered that all action heretofore taken by the board of the 
district township of Des Moines, in the formation and organization of 
subdistrict number nine, in the above named township, is hereby 
rescinded." 

From this action of the board, J. D, Handersheldt appealed to 
the county superintendent, who upon hearing the case on appeal ren- 
dered the following decision: "A resolution passed rescinding an action 



SCHOOL LAW DECISIONS. 83 

which has not as yet taken effect, is legal, but so far as it concerns form- 
ation and organization which is already completed, it is illegal." From 
this action or decision of the county superintendent, J. D. Handersheldt 
appeals. 

It appears from the transcript of the county superintendent that the 
witnesses were not sworn, as required by section 1834, School Laws of 
1880. According to the uniform holding of this department, a failure to 
take testimony under oath is fatal to the case, even though from its 
nature it came properly before the county superintendent on appeal. 

A brief examination will be sufficient, we think, to show that this 
action should have been dismissed by the county superintendent for want 
■of jurisdiction, since no appeal will lie when the validity of district 
organization is involved. 

This appeal was taken from the action of the board to the superin- 
tendent, for the purpose of determining whether or not the board erred 
in rescinding their former action creating subdistrict number nine. There 
was very little evidence bearing on this, the sole issue in the case. Wit- 
nesses simply stated that they were or were not in favor of subdistrict 
number nine. 

Such testimony can have no bearing in an action to establish error on 
the part of the board. Appellants set forth in their affidavit that the 
county superintendent erred, in that he refused to admit testimony to 
show that there never had been any legal organization of subdistrict 
number nine. We think such evidence was properly excluded, and vet 
it is necessary, to enable any tribunal to arrive at a decision of the case* 
for if the district was organized according to law, then the board com- 
mitted error in making an order which operated to discontinue it, and 
hence to change boundaries of subdistricts at a time of year in which 
according to our holding, it cannot be done. Upon the presumption 
that the district was legally organized, they committed error by makino- 
a change of subdistrict boundaries without a majority of the whole board. 
Section 1738, School Laws of 1880. 

It must therefore be determined whether the conditions upon which the 
board of Des Moines township granted the territory, were fulfilled, or 
in other words, it must be known whether or not the independent 
district number eight, of Liberty, concurred in the transfer of the territory. 
But neither the county superintendent nor this department is competent 
to determine the legality of a district organization, and it is therefore 
impossible for us to decide whether or not the board committed error. 
The remedy is an application to a court of law for mandamus to com- 
pel the board to recognize the subdirector of subdistrict number nine, as 
a school officer and member of the board of the district township of Des 
Moines. 



84 SCHOOL LAW DECISIONS. 

Were the issues involved within our jurisdiction, we would not hesitate 
to consider them, but as no question of such a nature is connected with 
the case it is 

Dismissed. 
J. W. AKEKS, 
November 2, 1882. Superintendent of PiMic Instruction. 



Appleton Pakk v. Independent District of Pleasant Grove. 
Appeal from Des Moines County. 

1. Records: Impeaclimeni of . Records not made and certified to by the proper 
ofiicers as required by law are defective and may be impeached by collateral 
evidence. 

2. Charges. Must be clearly sustained by the evidence. 

3. Teacher. The law pi'ovides that a teacher shall have a fair and impartial 
trial, with sufficient notice to enable him to rebut the charges of his accusers. 

Appleton Park, a school teacher of Des Moines county, was duly 
engaged and contracted with to teach the school in the independent dis- 
trict of Pleasant Grove. 

He began teaching on the 4th day of September, 1882; after some ten 
or eleven days had expired, during which time he had taught the school, 
he was waited upon by the entire board of said district, called to the 
door and informed that certain rumors were being circulated, to the 
effect that he had been guilty of using obscene and vulgar language in 
the presence of his pupils, and during regular school hours. The board 
called at the school-house again about the hour for closing the school in 
the afternoon, and the school having been dismissed, they proceeded to 
examine three of the boys as to the truth of the charges above referred 
to. The result of this action was that the teacher left the school and the 
board employed another teacher. Mr. Park appealed to the county super- 
intendent, who reversed the action of the board, whereupon D. L. 
Portlock, president of the board, appeals. 

The principal difficulty presented in this case seems to be to determine 
just what that action or order of the board was from which the appeal 
was taken. The transcript filed by the secretary of the board, is as fol- 
lows: " Complaint being made by some of the scholars to the school 
board, in regard to the teacher, Appleton Park, using indecent, rough 
and insulting language during school time, the board met at the school- 
house to make an investigation. The board stated the above charges to- 
the teacher, Appleton Park, who after reflecting upon the matter, pro- 
posed his resignation to the board. The board, after due consideration, 



SCHOOL LAW DECISIONS. 85 

accepted the same. The question bein^ settled in the above way, and 
110 other business before the board, the board then adjourned. 

D. L. PoKTLocK, President. 
F. A. Feideman, Secretary. F. M. Stucker, H. Fleenoe." 

The parol evidence of Appleton Park was admitted to offset and im- 
peach the record. This was clearly in violation of well established law, 
if the record was really what it purported to be, a true and authenticated 
copy of the proceedings of the meeting of the board referred to. 

Starkie On Evidence, says: "Where written instruments are appointed, 
either by the immediate authority of law, or by the compact of the par- 
ties, to be the permanent repositories and testimony of truth, it is a 
matter both of principle and of policy, to exclude any inferior evidence 
from being used, either as a substitute for such instruments, or to con- 
tradict or alter them; of principle, because such instruments are in their 
own nature and origin entitled to a much higher degree of credit than 
that which appertains to parol evidence; of policy, because it would be 
attended with great mischief and inconvenience if those instruments 
upon which men's rights depend were liable to be impeached and con- 
troverted by loose collateral evidence." Starkie, part IV, p. 995, Vol. 
Ill, 3d Amer. Ed. 

The fact that the transcript referred to is not certified to by the secre- 
tary, and the further fact that he was not present at the board meeting 
in question, and wrote the minutes as dictated from memory by the pres- 
ident of the board, three days after the meeting, fully justified ^the 
■superintendent in ruling it out and in admitting parol evidence. 

We come now to consider whether the trial before the board was such 
a proceeding as is required by section 1734. The board called in the 
morning and informed the teacher of the charges preferred to them, 
against him, whereupon he offered to resign. They instructed him to 
proceed with his school and stated that they would return in the even- 
ing. During the day the board worked up their case against the teacher, 
while he was so employed as to prevent him from giving thought or 
attention to the charges, or to the preparation of any adequate defense. 

We must sustain the superintendent in finding that the trial and oppor- 
tunity to defend was not what the law intends every teacher shall have. 
Every teacher is entitled to the sympathy and support of the school 
board, and where there is any reasonable doubt as to the truth of stories 
circulated by school children, the teacher should have the benefit of such 
doubt. 

We believe that had the board been in sympathy with their teacher in 
this instance, they would have decided that the charges were not sus- 
tained by the evidence, at least by any evidence which appears of record. 



86 SCHOOL LAW DECISIONS. 

That the teacher offered to resign in the evening does not appear frouj 
the evidence offered in belialf of the board, while it does appear that at 
least one member of the board told him "he had better quit." 

We are compelled to hold that the teacher was dismissed, and that iu 
doing so for no sufficient reason the board erred, and the decision of the 
county superintendent is therefore 

Affirmed. 
J. W. AKERS, 
February 16, 1883. Superintendent of Pnhlic Instruction. 

Note— Our supreme court rendered a decision regarding the measure of damages resulting^ 
from the wrongful discharge of this teacher. The opinion is found in 65 Iowa, 209. 



H. D. Fisher v. District Township of Tipton. 
Aj>2^eal from Hardin County. 

1. School-house Site. When purchased by the boai'd the provisioas of sections 
1825-1828 do not apply. 

2. Location. May be within less than forty rods of a dwelling when obtained 
by purchase. 

On the 28th day of March, 1884, the board ordered the purchase of an 
acre of ground for a school-house site on the corner of section 15, town- 
ship 87 north, range 21 west. H. D. Fisher, who is the owner of land 
immediately adjoining said site, objected to the location, on the ground 
that the site was within less than forty rods of his residence. The board 
adhered to their decision in disregard of his objection, whereupon 
H. D. Fisher appealed to the county superintendent, who affirmed the 
action of the board. H. D. Fisher appeals. 

Affiant alleges that the board violated law in purchasing a site within 
less than forty rods of his residence, against his will and without his 
consent. This was the only error assigned in his affidavit of appeal to 
the county superintendent, and the same is the only error assigned in 
the affidavit of appeal to the superintendent of public instruction. The 
case will therefore be confined to a consideration of the alleged griev- 
ance, and all argument of counsel and all evidence taken to establish an 
abuse of discretion in changing the location of the house need not be 
considered. 

On trial before the county superintendent, defendant filed a motion to 
dismiss the action for want of jurisdiction. This motion to dismiss was 
overruled, and defendant excepted. The motion to dismiss was filed on 
the ground that there had been no order or decision of the district 
township board from which an. appeal could be taken, and no action 



SCHOOL LAW DECISIONS. 87 

taken as shown by the transcript of the record, upon any matter affect- 
ing the rights of li. D. Fisher. 

The transcript of the secretary states that on the 29th of March the 
board located the new site on a piece of ground bought of Ferdinand 
Beckman. This was an action from which any person aggrieved might 
appeal. The appeal. was based on a charge that the board had violated 
law, and it was proper for the county superintendent to hear the case in 
order to determine whether the law had been violated or not. 

Counsel urges that the case should have been dismissed becau«fe affiantr 
made no objection to the location until after the purchase of the land 
and until after he was estopped for so objecting. But even though the 
neglect to object in season would bar affiant from subsequent interfer- 
ence, it was the duty of the county superintendent to proceed with the 
trial in order to determine by evidence when and how objection was- 
made. We think that the county superintendent had jurisdiction, and 
the motion to dismiss was properly overruled. 

In the eighth count of defendant's argument it is urged that the county 
superintendent had not original jurisdiction to try or to adjudicate a 
matter not acted upon by the board. But the removal of the school- 
house to the proposed location was determined by the board, and from 
that action appeal was taken, and not from their refusal to consider the 
objection of affiant. 

The ground of the defense is the delay of H. D. Fisher to make known 
his objection to the location of the school-house within forty rods of his 
dwelling. 

The county superintendent sustains the action of the board for the 
reason that the site was purchased, affiant knowing of the intention of 
the board to purchase the ground and to locate the house, and making 
no objection until after the contract to move the house had been let by 
the board. 

Whether the decision of the county superintendent should be affirmed^ 
for the reasons assigned, need not be considered, as the case will be 
determined upon the construction of the statute prohibiting the location 
of a school-house within less than forty rods of a dwelling, the owner 
whereof objects. 

The case was tried by the county superintendent and argued by counsel 
on both sides as coming under the act authorizing boards to condemn, 
and to take and to hold school-house sites. We think this point worthy 
of a careful examination. Chapter 124, laws of 1870, first authorized 
boards to take and hold land for school-house sites. Kecognizing that 
they were conferring a dangerous power, they prudently enacted certain 
restrictions to govern such boards in the exercise of that power. But it 
it was not intended, we think, to so restrict boards, except when exercis- 



88 SCHOOL LMV DECISIONS. 

ing the power therein conferred. This chapter was subsequently 
embodied in the Code, and is now found in sections 1825, 1826, 1827, 
and 1828, School Laws of 1880. 

Section 1825 says: "It shall be lawful for any district township or 
independent district, to take and hold, under the provisions contained in 
this chapter," etc. The provisions contained in this chapter, or in the 
following sections, are as follows: That the real estate so taken shall 
not exceed one acre. The site "so taken" must be on some public 
highway, at least forty rods from any residence the owner (of the resi- 
dence) whereof objects to its being placed nearer. And not in an 
orchard, garden or public park. 

It is perfectly clear that ground cannot be condemned in disregard of 
any one of these provisions. But the site in question was not con- 
demned and taken, but it was purchased of a third party and a good and 
sufficient deed made over to the district township of Tipton. 

Do the provisions above quoted apply in cases where sites are pur- 
chased? If any one of them does, they all do. 

First, "the land so taken shall not exceed one acre." No one would 
hold that boards may not buy, and districts hold, more than one acre of 
land for school-house purposes, provided they are limited to a reasonable 
amount. This restriction then, is of no force except in cases where sites 
are condemned. 

Again, "and not in any orchard, garden or public park." Does it 
follow, therefore, that boards cannot purchase an orchard, garden, or 
park, for a school-house site if they desire it, and the owner is willing to 
sell? We think not, by any means. 

And "at least forty rods from any dwelling, the owner whereof 
objects," etc. This limitation has exactly the same force and applica- 
tion, and no other. Land within forty rods of a residence cannot be 
•condemned if the owner objects. But if a third party is willing to sell 
a school-house site, and the district purchases and pays for it, it is not 
competent for the owner of a dwelling to restrain the location on the 
ground that it is within forty rods of such dwelling. 

We think this interpretation of the law borne out both by its evident 
meaning and its phraseology. 

We are aware that it has for many years been the holding of this de- 
partment that a school-house site, whether obtained by purchase or 
otherwise, could not be placed nearer than forty rods to any residence, 
the owner objecting, and it is with regret that we must reverse a ruling 
of so long standing; but from the fact that in many thickly settled com- 
munities our school-houses are being crowded into sloughs and out of 
the way places, and the further fact that it is not warranted by law, we 
are compelled to do so. 



SCHOOL LAW DECISIONS. 89 

We must, therefore, hold that the board of the district township of 
Tipton violated no law in pnrcliasing the site and in ordering the re- 
moval of the school-house thereon. The decision of the county super- 
intendent is therefore 

Affirmed. 

J. W. AKERS, 

July 7, 1884. Superintendent of Pahlic Instruction. 



Ezra Koontz v. District Township of Lisoomb. 
Appeal from Marshall County. 

i, SuBDisTRiOTS: Form of. It is very important that subdistricts should be 
regular in form, and that where it is possible, school-houses should be located 
at or near geographical centers. 

2. School-house Site: Location oJ. The condition of matters within the sub- 
district should govern the location of the house. The attendance of parties 
from an adjoining subdistrict should not determine change of site. 

A petition was presented to the board asking that certain changes be 
made in subdistrict boundaries, viz. : That the. southwest quarter of 
section eighteen be detached from subdistrict number four, and attached 
to subdistrict number five; also that the south half of section twenty-one 
be detached from subdistrict number five, and attached to subdistrict 
number six. On the 16th day of February, 188i, the board granted the 
prayer of petitioners and ordered the plat of subdistrict boundaries to 
be so altered as to agree with the above changes. Ezra Koontz appealed 
to the county superintendent, who reversed the order of the board. 
P. T. Beatch, president of said board, appeals. 

Subdistrict number five contains a little more than five sections of land, 
and if the order of the board is sustained it will contain a little more than 
four and one-half sections. The south half of section twenty-one formerly 
belonged to subdistrict number six, but was transferred to subdistrict 
number five in order to create better school facilities for the children of 
Ezra Koontz, who lives on the extreme south line of subdistrict number 
six, while the school-house is at the geographical center, and no public 
road leading to it. The electors of the district township voted $1,000 to 
procure a highway for the accommodation of Mr. Koontz; but this fund 
was subsequently transferred to the teachers' fund, and the movement to 
secure the highway was indefinitely postponed. 

Mr. Koontz is unfortunately located, but it appears from the entire 
proceedings that there is a disposition to remove the obstacles in his way. 



90 SCHOOL LAW DECISIONS. 

This is shown both by the efforts to secure a hio;hway at the cost of | 
and in the former action of the board in breaking up the regular form o£ 
subdistricts, in order to include him in number five. We think it very 
important that subdistrict boundaries should be regular, and that where 
it is possible school-houses should be located at geographical centers. 

The action of the board in transferring the south half of section 
twenty-one to subdistrict number six, and the southwest quarter of section 
eighteen to number five, was wise, and should have been sustained, Mr. 
Koontz must seek to secure proper accommodations in number six, and 
if this proves to be impossible, he must charge it to the account of an 
unfavorable location. 

It cannot reasonably be demanded that his property should be included 
in number five, and the school-house in that district be moved away 
from the center and taken to the south line of the district, and away 
from families living in the north of number five, in order to accommo- 
date others not living in the subdistrict, especially when it is considered 
that those living in the north will be compelled to send out of their own 
subdistrict, in such case. 

We are compelled to hold that the action of the board should have 
been sustained, and the decision of the county superintendent is therefore 

Reversed. 
J. W. AKERS, 

July 21, 1884. Superintendent of Public Instruction. 



J. L. Marshall et al. v. District Township of Marshall. 

Appeal from Louisa County. 

1. Subdistrict. The board may not redistrict so as to abolish a subdistinct, with 
intent to prevent the building of a house iDrovided for by the electors. 

2. Taxes: School-house. Must be certified, collected, and expended, in accord- 
ance with the vote of the electors. 

On the 22d day of February, 1886, the board abandoned subdistrict 
number four, and transferred its territory in parcels to adjoining subdis- 
tricts. J. L. Marshall et al appealed to the county superintendent, who 
reversed the order of the board. N. W. Mackay, president of the board 
of directors, appeals. 

It is unnecessary to consider the real merits of this case. The board 
must be reversed upon the ground that at the meeting of the electors of 
subdistrict number four, held in March, 1885, a tax of $300 was voted 
to build a school-house in said subdistrict number four. 



SCHOOL LAW DECISIONS. 9t 

It appears in evidence that this tax was voted, properly certified by 
the district board and levied by the board of supervisors, and that a por- 
tion, at least, has been collected. It is not competent for the board to- 
defeat a vote of this kind by districtins: the subdistrict out of existence. 
The money must be expended in accordance with the vote, and the house 
must be built. Whether or not any of the tax has been collected is not 
material. It must be collected and expended by the board as directed 
by the people. 

The case of Benjamin v. District TownMp of Malaka et al., 50 Iowa, 
648, is applicable here. The only point of difference being that in the 
case cited the tax had been collected before action was had by the board. 

In this case a part only of the tax has been collected, but as stated 
above, this is not material. The equities of this case may be with the 
board, but the action of the electors in voting to build a house in sub- 
district number four, and in providing the means, will bar the board, 
and any act calculated to avoid their mandatory duty is a violation 

of law. 

Affirmed. 

J. W. AKERS, 

September 16, 1886. Superintendent of PiMic Instruction, 



J. B. B. Baker v. Independent District of Waukon. 
Apijeal from Allamakee County. 

Rules and Regulations. Iq establishing aad enforcing regulations for the 
government of scholars, the board have a large discretion. 

On the 7th day of June, 1886, Maud Baker, the daughter of the plaint- 
iff, was suspended from the public school for repeated violation of a rule 
of the board, known as rule five, which reads as follows: "Any scholar 
who shall be absent five half-days in four consecutive weeks, without any 
excuse from parent or guardian satisfactory to the teacher that the absence 
was caused by said pupil's sickness, or by sickness in the family, or, in 
the primary grades, by severity of the weather, shall forthwith be sus- 
pended. No pupil so suspended shall be reinstated without a permit 
from the principal." 

Rule twelve provides that the principal of the school may suspend 
pupils temporarily, and that he shall immediately notify the parent or 
guardian of a suspended child of such suspension, the notice to be in 
writing, and furthermore, that he shall immediately inform the board of 
his action. 



'92 SCHOOL LAW DECISIONS. 

Maud Baker was absent without excuse, and when called to account 
for her absence stated that she had gone on a fishing excursion, and ex- 
pected to go the week following. Having failed to render a satisfactory 
•excuse, she was suspended, as above stated. Notice in writing was.sent 
to the parent, as required by rule five, and the board informed of the 
suspension. The board approved the action of the principal. J. B. B. 
Baker appealed to the county superintendent, who reversed the action 
of the board. D. W. Keed appeals. 

The facts in the case are not controverted. It appears in evidence 
that the suspension of Maud Baker was reported to the board, and that 
a special meeting of the board was held for the consideration of the act 
of the principal. Maud Baker was present at this meeting of the board, 
and the president testifies that he read to her the rule under which she 
had been suspended, and asked her to give the board some promise of 
amendment in the future, as a condition of reinstatement, and she replied 
that she would not make any promise for the future, and expected to go 
fishing the followinsf week. 

The county superintendent finds that the suspension was made in com- 
pliance with the rules of the board for the government and regulation of 
their schools, and that the act of the principal in suspending, and of the 
board in approving his action, was without prejudice or malice. The 
board was reversed on the ground that the law does not confer upon the 
principal, or the board, power to suspend for the cause for which Maud 
Baker was suspended. 

The case turns, therefore, upon the power of the board to establish 
and enforce a rule providing for the suspension of pupils, who are 
absent a given number of days, or half-days, without a satisfactory 
excuse. This point has been fully discussed and settled by our supreme 
court in the case of Burdick v, Babcock, 31 Iowa, 562, and need not be 
-considered here. Murphy v. Independent District of Marengo has been 
cited, but does not apply, as in that case it is stated that the offense for 
which the pupil was dismissed was not in violation of any rule or regu- 
lation. 

We are compelled to overrule the decision of the count}^ superintend- 
ent, and to sustain the action of the board. 

Reversed. 

J. W. AKERS, 

October 23, 1SS6. Superintendent of PuUic Instruction. 



SCHOOL LAW DECISIONS. d'i, 



James Tompkins v. Independent District of Keystone. 
Appeal from Page County. 

1. School-house Site. It is manifestly unwise for the electors to express any 
preference for a site, by a vote. The remedy of any one aggrieved by the 
action of the board is appeal. 

2. . The board are bound to take into account any special reasons exist- 
ing which favor a particular location, and a vote of the electors to expend 
school-house funds in a certain specified manner, may not with safety be dis- 
regarded. 

On the S'ith of May, 1886, the board located the new school-house in 
said independent district upon the site of the old house. At the meetino;' 
of the electors on the 12th of March, 1881, the sum of one thousand dol- 
lars was voted to build a school-house in Page Center. The board 
regarded the designation of the site as advisory only, and located the 
house one-half mile from Page Center. James Tompkins appealed to 
the county superintendent who found that the board had violated law, 
and for this reason reversed their action. G. W. Stanage appeals. 

Section 1Y21 confers upon boards the power to locate school-house 
sites. If, however, the location of the school-house is coupled with and 
designated in the vote to build, the house must be built in accordance 
with the vote. The transcript of the record filed by the secretary con- 
tains the following statement: '' Yoted a tax of one thousand dollars for 
the purpose of building a school-house in Page Center." 

While any attempt on the part of the electors to designate the precise 
location of a school-house site would be an unwarranted assumption of 
power, nevertheless a vote to build a house in a certain village or town 
plat, in connection with the vote to appropriate money for that purpose, 
we think so far concludes the board as to location as to require the 
selection of a site within such specified limits. Any other holding would 
open the way to fraud and deception . We are compelled to hold that 
the board should have selected a site in Page Center. 

The decision of the county superintendent is 

Affirmed. 

J. W. AKERS, 

November 1, 1886. Superintendent of Public Instruction. 



Q4 SCHOOL LAW DECISIONS. 



E. G. Lewis v. District Township of Woolstock. 

Appeal from Wright County. 

School-house Site. Location of. A village in a subdistrict has special claims 
favoring the selection of a site within its limits. The element of distance to be 
traveled by some is largely overcome by the advantages of a location in the 
town. 

The board were petitioned to remove the school-house in subdistrict 
number three to a site at, or near, the village of Woolstock, which is sit- 
uated on the western half of the said subdistrict. The petition was denied. 
E. G. Lewis, et al., appealed to the county superintendent. The decision 
of the board was reversed. B. Watkins appeals. 

The school-house in subdistrict number three is now centrally located, 
and nearly one mile from the village by traveled highway. There are 
about fifty-three children of school age in the district, and it appears 
from the evidence that forty-five of these live within one-half mile of the 
proposed new site. The removal of the house may increase the distance 
HOW traveled by the children of a few families, but it appears that in such 
■cases accommodations may be had within about one and one-half mile at 
other schools. 

If the nature of the case is such as to require some changes in the 
boundary lines, we think such changes should be made, and the school- 
house located in the village, and for the following reasons: The children 
from the rural portions of the district can travel to and from the village 
much more conveniently than those from the village can attend in the 
country. The course of trade brings the parent to the market in the 
morning, and the movement of conveyances will therefore afford many 
conveniences toward reaching the school from the country, and of 
returning in the evening. But, on the other hand, there is no regularity 
of travel to the country in the forenoon, so that when walking is bad, or 
impossible, conveyances would be required for the sole purpose of taking 
children to the school. Besides, the great majority of those who live in 
the village have no means of carrying their children a distance to school, 
while, the farmer is seldom, if ever, without them. 

There is a reason why the school should be convenient for children in 
the village, which does not exist as to children of the country. The 
village has many evil resorts, where children are led into vice, which are 
not incident to the country. All children should be kept regularly in 
school, but the reasons for this, as applied to village and town children, 
are much stronger than as applied to those of the country. 



SCHOOL LAW DECISIONS. 95 

The village must be supplied with a school, and in the case before us, 
if the house is not located at the village, the result in the near future will 
"be two schools for this subdistrict. We are compelled to hold that the 
board erred in refusing to grant the petition. The decision of the county- 
superintendent is 

Affirmed. 

J. W. AKERS, 

September 14, 1887. Superintendent of PiMic Instruction. 



J. A. Cousins v. Independent District Township of Spirit Lake. 
Appeal from Dickinmn County. 

School-house: Removal of. The removal of an old house away from the geo- 
graphical center and away from the center of population, without special 
and strong reasons therefor, is an abuse of the discretionary power of the 
board. 

On the 6th day of April, 1887, the board passed an order to move the 
school-house known as the Swailes school-house, to a point one-half mile 
west of its present location. From this order J. A. Cousins appealed to 
the county superintendent. The action of the board was sustained. J. 
A. Cousins appeals. 

The district borders on Spirit and adjacent smaller lakes, and is very 
irregular in its boundaries. There are about fifty children of school age 
living in the district, most of whom are favorably or adversely aflfected 
by the change. But, considering both locations, there is no material 
change in the distance traveled by all. 

The present site is at the junction of an east and west road, known as 
the Diamond Lake road, with a north and south road known as the Emmet 
County road. The school-house is old and has recently been repaired at 
a cost of $60. As now located there are seven children two miles from 
the school-house. Twelve children will be two miles from the new site. 
We are unable to find in this case any good and substantial reason for 
this change of location. 

The present site is central and nearer the center of population, so far 
as we can determine from the map submitted as a part of the transcript. 
It is at a cross roads, which is very desirable. The lease to the present 
site expires in about five years. By that time the old house will in all 
probability be worthless and a new one will be needed to take its place. 

The electors at their last March meeting voted to build a new house on 
section nineteen, the site of which is one-half mile west and one and three- 
fourth miles north of the present site. 



QQ SCHOOL LAW DECISIONS. 

We caDnot avoid the conviction that in moving an old house one-half 
mile at an expense of ninety dollars, away from the geographical center, 
and away from the center of population, without special and strong rea- 
sons therefor, is an abuse of discretionary power. 
The decision ofjthe county superintendent is 

Reversed. 
J. W. AKERS, 
September 19, 1887. Superintendent of Public Instmiction. 



D. A. BoYER et al. v. Independent District Number Two, Dutgb! 

Township. 

Appeal from Washington County. 

1. Board: Discretionary powei^ of . In the absence of proof that the board have 
abused the authority given them by the law, their ordei's will not be set aside,, 
although another decision might to many seem preferable. 

2. School-house Site: Location of. When purchased, the provisions of section- 
1825 do not apply. The district stands in the same relation to the public and 
to individuals, in this respect, as do other corporations, and may purchase and 
convey real estate accordingly. 

On the 23d day of July, 1887, the board made an order that the school- 
house site should be changed from its present site, which is near the 
southwest corner of the northwest quarter of the northwest quarter of 
section ten, to the southeast corner of section four, and about ninety 
rods due north. It was also ordered that a new school-house should be 
built on the new site. From this order of the board, D. A. Boyer and 
others appealed to the county superintendent. The order of the board 
was reversed, on condition that appellants should secure the opening of 
a public road from the present site of the school- house to the public 
road running east and west through the southern portion of the district, 
and along the south line of sections nine and ten, William Stevenson 
and S. D. Carris appeal. 

The independent district in question is composed of sections thirty- 
three, thirty-four, three, four, and the north half of sections fifteen and 
sixteen. Public roads enter east and west along the north line of sec- 
tions three and four, and along the south line of the same sections. On 
this latter highway the new site is located. From the new site a road 
extends due south to the old site. This is the road, the extension of 
which is made a condition in the decision of the county superintendent. 

The population of the district is mostly along the last named east and 
west highway, and in sections nine and ten lying immediately south of 



SCHOOL LAW decisio:ns. 97 

said highway. At the annual meeting, or election of the independent 
district in question, held March, 1887, a motion was made to vote a tax 
of $600 for the purpose of building a school-house on the old site. This 
motion was lost. A motion was then made and carried that a tax be 
levied to build a school-house, no site being specified. This was fol- 
lowed by a motion to build the house on the present site, which motion 
was lost. 

, At a special meeting held June 18, 1887, a motion was made and car- 
ried to procure a new site, and at another special meeting held July 23, 
1887, the site of the new house was finally located on the southeast 
corner of section four. It appears that the electors were very much 
divided in opinion as to the location of the new house, and the majority 
attending the March election were opposed to locating it upon the old 
site. If the house was to be moved to the north, the site selected by 
the board is as near, or practically so, as the board could have selected. 
There is a slough just north of the present site, and if moved at all the 
house must be placed to the north of this, which would compel the 
selection of a site within a few rods of the new site. 

The present site is practically central both as to geographical center 
and center of population, and it would seem that the presumption was 
in favor of the present site, while the one selected by the board is not 
objectionable on account of its location, unless the fact that it is not ex- 
actly central constitutes an objection. Boards are given large discretion 
in such matters, and it has been a rule of long standing in this depart- 
ment not to overrule the order of the board, except in cases where an 
abuse of discretion is clearly established. While the old site may be 
equally good and even better, we cannot set their order aside, in the ab- 
sence of evidence going to show that they have abused the authority 
which the law gives them. 

The county superintendent held that the board had violated the pro- 
visions of the law in locating the new site nearer than forty rods to a 
dwelling the owner whereof objects. The board in this case located the 
site within eighteen rods of a residence, and it is conceded that said 
owner refuses her consent to such location. Section 1826 provides that 
a site taken as provided in section 1825 must be at least forty rods from 
any residence the owner whereof objects to its being placed nearer. 

Section 1825 provides: "It shall be lawful for any district township 
or independent district to take and hold, under the provisions of this 
chapter, so much real estate as may be necessary for the location and 
construction of a school-house and convenient use of the school; provided 
that the real estate so taken, otherwise than by the consent of the owner 
or owners, shall not exceed one acre." In the case of H. D. Fisher v. 
District Township of Tipton it was held that the provisions of the act 

7 



98 SCHOOL LAW DECISIONS. 

authorizing boards of directors to "take and hold " land for a school- 
house site, do not apply when the land has been obtained by purchase. 

Counsel for appellee argues that the language of the statute, the 
words "take and hold," includes acquiring title by purchase as well as 
by condemnation, and fhat section 1825 is the only provision of law we 
ihave authorizing school districts to purchase and own school-house sites. 
Also that the restriction that a school-house shall not be placed nearer 
than forty rods to a dwelling, the owner objecting, applies no matter 
liow the site is obtained. 

We cannot concur in this opinion. A school district is a corporate 
"body, the nature and powers of which are well and clearly defined in 
the statute which created it. If land sufiicient for a school-house site is 
necessary to enable a district to establish and maintain schools, it needs 
no argument to establish their authority to purchase such land. 44 Iowa, 
364; 69 Iowa, 533. That it was the intention of the lawmakers to confer 
this power upon school districts is evident from the fact that in section 
1717 the electors were given the power to vote a tax for the purchase of 
grounds, etc. And this law was enacted many years before the law 
•empowering boards of directors to "take and hold" school-house sites. 
Counsel for appellee will hardly insist that previous to the enactment of 
the condemnation law, all school-house sites were acquired and owned 
without authority of law. 

There appears to be two ways by which school districts may acquire 
title to land for school-house sites. The statute gives to every school 
•district, as a general and corporate power, the right to buy land for 
•school purposes, and when land has been so purchased, the title or fee 
is in the corporate name of the district, and even though it ceases to be 
iised for school purposes, it remains the property of the school district 
until sold by the board in obedience to the instructions of the electors. 
They may sell to any one and for any purpose whatever. 

Second, by condemnation by the board of directors under section 1825. 
The title to land acquired under this law is for school purposes onl}'. It 
•cannot be sold at all. When the district ceases to use it for school pur- 
poses, it reverts by operation of law to the owner of the fee. It appears 
that the fee to land obtained by condemnation is not in the school dis- 
trict, but simply the right to hold it for school purposes, while the fee 
remains in the original owner, and may be conveyed subject to the title 
of the district. 

Sites obtained by purchase never revert, and the district so purchasing 
owns the fee and may transfer it, as has been said, to any person and for 
any purpose. It is clear to us that the four restrictions or limitations, 
^iz. : that the real estate "so taken" shall not exceed one acre; must be on 
^ public highway, forty rods from the residence, etc., and not in any 



SCHOOL LAW DECISIO:i?S. 99 

orchard, garden or public park, apply only to .sites obtained by condem- 
nation under sections 1825-1828 inclusive, and that they do not apply to 
sites obtained by purchase. The reasons for this position are fully set 
forth in Fisher v. District Toionshij? of Tipton^ to which reference is had. 
We are unable to discover any violation of law or abuFe of discretion 
which would warrant us in setting aside the order of the board. 

Reversed. 
J. W. AKERS, 
November 18, 1887. Superintendent of Public Instruction. 



A. J. HosiNGTON V. District Township of Union. 
Appeal from Madison County. 

L Appeal. The failure to file the transci'ipt within the time mentioned in the 

law will not invalidate the appeal. 
2. Additional School. It is the intention of section 1725 that an attendance of 

at least ten scholars maj' reasonably be expected. 

It appears that at the regular meeting of the board held September 
19, 1887, E. O. Storrs and others presented a petition for an extra school 
for their convenience. On motion said petition was taken up and 
granted. From this action A. J. Hosington appealed to the county 
superintendent, who heard the case in due f®rm, reversing the action of 
the board. E. O. Storrs and others appeal. 

Counsel for appellant urges as error that the district secretary failed 
to file his transcript of the record within the ten days required by sec- 
tion 1832. The appellants claimed that the county superintendent had, 
■on this account, lost jurisdiction, and moved to dismiss the case. The 
county superintendent overruled the motion. Did he commit an error in 
so doing ? We think not. It is true as alleged by appellants that after 
the expiration of the thirty days mentioned in sections 1830-1835, the 
■county superintendent cannot entertain an appeal. The action referred 
to in these sections lies within the choice of the aggrieved party, the law 
grants him thirt}^ days within which to make his election. The action 
referred to in section 1832 is mandatory upon the secretary, he has no 
•choice, he cannot elect one of two courses of action. If he fails to do 
his duty within the prescribed time a writ of mandamus may compel him 
to act. But in no case does his failure to produce the transcript invali- 
date the appeal or lessen the duty of the county superintendent to pro- 
ceed in the case. 

Did the county superintendent err in taking into account the financial 
condition of the district township? We cannot admit that he did. While 



100 SCHOOL LAW DECISIONS. 

the want of funds will not excuse a board from maintaining schools, this 
department has held that the financial conditions should be considered 
in ordering an extra school. In this case the secretary testifies that the 
funds available will not more than meet the expenses of the seven 
schools now in session. 

The original petition shows twelve pupils of school age for whose 
accommodation the school is desired. This department has held that the 
intention of the present section 1725 is that there must be a probable 
attendance of ten to warrant the board in establishing an extra school. 
What are the facts in this case as gathered from the evidence? One 
child included is two years old. In a family having five of school age 
but three are at home. One of the others is a graduate of the Winterset 
high school, and the other is an attendant at the same school. The 
probable attendance in the extra school would be only four or five. 

Under all the circumstances we believe the board did not act with due 
discretion, and that the county superintendent was fully justified in re- 
versing their action. The decision of the county superintendent is 

therefore 

Affirmed. 

HENRY SABIN, 

February 22, 1888. Superintendent of PMic Instructiwi. 



IST. R. Johnston v. District Township of Utica. 
Appeal from Chickasaio County. 

1. Mandamus. To compel the performance of an official duty, appeal some- 
times consumes valuable time. Mandamus is often a more speedy as well as a 
better remedy. 

2. Discretionary Acts. Action by the board unduly delaying the final consid- 
eration of an important matter, may be regarded as an evidence of prejudice. 

The issues involved in this case were the formation of a new subdistrict 
to be known as number twelve, and the providing for a school during the 
winter of 1887-8, pending the election of subdirector for the new subdis- 
trict. The case came in due order to the county superintendent on appeal, 
and from his decision the township board appeal to this department. 

At their meeting on the 19th day of September, 1887, the board had 
before them a petition signed by Caleb Boylan and others, to redistrict 
number two, and to form a new subdistrict'. After various motions it was 
voted to adjourn to the second Saturday in February, 1888, to consider 
said petition. Appeal was taken to the county superintendent. 



SCHOOL LAW DECISIONS. 101 

At the trial before that officer, October 27, 1887, and adjourned to 
October 31, a motion was made to dismiss the case, on the ground that 
the matter was still pending before the township board, as no final 
action had been taken by that body. The motion to dismiss was over- 
ruled, and the county superintendent proceeded to hear the case. Did 
the county superintendent commit an error? We think not. 

"Without impugning in any way the motives of the directors, their 
action in adjourning to a date as late as the second Saturday of Febru- 
ary, 1888, was calculated to delay and defeat the prayer of petitioners. 
The aggrieved parties had an undoubted right to appeal, but we regret 
that they did not avail themselves of the more speedy remedy of resort- 
ing to the courts. A writ of mandamus would undoubtedly issue in such 
a case, compelling the directors to perform their enjoined duty. 

A motion to dismiss on the ground that there was no evidence to show 
that the board acted with passion, prejudice, or injustice, was also very 
properly overruled. The action of the board delaying the whole matter 
until the second Saturday of February, 1888, was in our opinion an act 
-of manifest injustice, which the county superintendent very properly 
took into account in making up his decision. 

The county superintendent reversed the action of the township board 
and ordered the new subdistrict, number twelve, to be formed, with an 
extra school for the winter of 1887- 8, in accordance with the prayer of 
the petitioners. Ought his decision to be sustained? 

A careful review of the evidence in the case including the plat "exhibit 
A," shows that the township of Utica is divided into eleven subdistricts, 
some of them very large and irregular in shape. A better division than that 
proposed by the formation of the new subdistrict, number twelve, can 
possibly be made. The county superintendent however provides for 
this, as his decision does not prevent any changing of the boundaries of 
subdistrict lines, if necessary to facilitate the school privileges of the 
township. 

A new subdistrict is needed to furnish reasonable school facilities for 
the children in that neighborhood, and so far as ordering the new sub- 
district, to be known as number twelve, is concerned, the decision of the 

county superintendent is 

Affiemed. 

HENKY SABIN, 

March 15, 1888. Superintendent of Puhlic Instruction. 



102 SCHOOL LAW DECISIONS. 



'N. R. Johnston v. Distkict Township of Utica. 
Appeal f mm Chichasaio County. 
Application for a Rehearing. 

Rehearing. To justify the granting of a new trial, a reasonable doubt must 
arise in the mind of the officer to whom application is made, as to the absolute 
correctness of his former conclusions. 

Comes now the appellant, the district township of Utica, and asks for 
a rehearing of the above case. 

The acts of a board are recognized as mandatory or discretionary. 
When they are mandatory, and the board act in accordance with the 
law, the aggrieved party has no remedy whatever ; when they are discre- 
tionary the aggrieved party has a remedy in an appeal, which may be 
taken eventually to the superintendent of public instruction, whose 
decision is final. 

Now, to say that the discretionary acts of a board must be sustained 
because they are discretionary, destroys the right of appeal and takes 
away the last remedy of the aggrieved party. The action of the directors 
should be sustained, unless they act through passion, prejudice, or mani- 
fest injustice. Who is to decide whether their action is an abuse of dis- 
cretionary power? Surely not the board themselves, nor the aggrieved 
party. 

The question is one upon which the county superintendent may be called 
to pass, and from his decision an appeal may be taken to the superintend- 
ent of public instruction. If the county superintendent in the discharge 
of his duty determines that the board of directors have abused their dis- 
cretionary powers, he has power to reverse their action, and this -depart- 
ment should afiirm his decision if his conclusions are found to be correct. 

In the present case the board, at the meeting on the 19th of September^ 
1887, had before them a petition asking for the formation of a new sub- 
district, and a school during the winter of 1887-8. They postponed the 
consideration of said petition until the second Saturday in February, 1888. 
The aggrieved parties had their choice between two remedies. They 
could apply for a writ commanding the board to act, or they could appeal 
to the county superintendent. They chose the latter; they could have 
chosen the former. See case of Crookshank v. District Township of Maine., 
School Law Decisions 1888, page 88. Also 35 Iowa, 445, and 71 Iowa, 632. 

It is not claimed that the writ could control the action of the board, 
but it could compel them to act in the premises. See HigJitower v. Over- 



SCHOOL LAW DECISIONS. 10^ 

Jwuser et al., 65 Iowa, 350, Alhin et al. v. Board of Directors of West 
Branchy 58 Iowa, 77, and Case v. Blood et al.^ 71 Iowa, 632. 

The attorney for the board of directors cite the case of Marshall v.. 
Sloan. 35 Iowa, 445, in support of their position. In that case the- 
directors acted, they rejected the petition and their action was a matter 
of record. In the case under consideration the directors postponed action 
in such a way as to delay and possibly defeat the purpose of the peti- 
tioners. In the present case the county superintendent reversed the 
action of the board, because of the injustice done to one party through 
the delay in their action, and also did only, on appeal, what the party 
appealed from had power to do. 

Upon reviewing the case carefully the second time we find that the 
county superintendent reached a correct conclusion as to the action of 
the board, and nowhere exceeded his authority. The application for a 
rehearinsris therefore denied. 

HENRY SABIN, 

March 26, 1888. Suxjerintendent of Piiblic Instruction, 



Jacob Deck et al. v. District Township of Eden. 
Ajjjjeal from Decatur County. 

1. SuBDiSTKiCT BouNDAKiES: Change of. A case involving a change of subdis- 
trict boundaries, having been adjudicated by the county superintendent 
reversing the action of the board, and being affirmed by the superintendent of 
public instruction, cannot again be brought upon appeal, unless it can be 
shown that some change materially affecting the conditions of the case ha& 
taken place since the date of the former decision. 

3. : . A subdistrict long established, embracing a territory- 
having a sufficient number of scholars to maintain a good school, should not 
be abolished, unless the general school facilities of the township will be im- 
proved thereby. 

On the 19th day of September, 1887, the board voted to abolish sub- 
district number eight. Jacob Deck and others appealed to the county 
superintendent, who on the fifth day of December rendered a decision 
reversing the action of the township board. The directors of said dis- 
trict township appeal. 

The counsel for the directors urged in their written argument that the 
county superintendent should be required to send up to this department 
all the evidence taken in the trial before her. It was certainly the duty 
of the county superintendent to send up all the evidence upon which she- 
based her decision. In the absence of any proof to the contrary, the 



104 SCHOOL LAW DECISIONS. 

presumption is that the transcript furnished by her contains all the testi- 
mony on tile in her office. There is no proof offered that she has not 
complied with the law in all respects. 

Od the 26th day of December, 1885, the county superintendent rendered 
a decision reversing the action of the board in abolishing subdistrict num- 
ber eight. As no material changes have taken place since then, in the 
condition of the township, does that former decision act as a bar to any 
further proceedings in this case? "We think not. 

The principle enunciated here is undoubtedly correct. A case involv- 
ing a change of subdistrict boundaries, having been adjudicated by the 
county superintendent reversing the action of the board, and being 
affirmed by the superintendent of public instruction, cannot again be 
brought upon appeal, unless it can be shown that some change materially 
affecting the conditions of the case has taken place since the date of the 
former decision. 

In this case, however, the decision of the county superintendent cannot 
act as a bar to further proceedings, because the district board did not 
take an appeal. Such proceedings cannot be considered as final until 
they have been affirmed by the superintendent of public instruction. 

It is urged that the county superintendent erred in taking into consid- 
eration the distance which many of the pupils must travel in order to 
reach their school, if the action of the township board abolishing subdis- 
trict number eight, is affirmed. The law does not contemplate that one 
and one-half miles is in all cases an unreasonable distance. It depends 
largely upon the age of the pupil and upon the condition of the roads. 
In the case before us a natural obstacle, the Little Turkey river, must be 
taken into consideration. The opening of additional roads and the con- 
struction of a bridge would simplify matters somewhat, but no steps 
have been taken to accomplish this. Until this is done, to abolish the 
school in number eight would impose an undue hardship upon a large 
number of pupils. 

What are the conditions of the school as at present constituted ? The 
report of the secretary put in evidence, shows that the school in number 
eight will , average with other subdistricts in the number of pupils 
enrolled ; it is above the average in daily attendance, and below the 
average in cost of tuition. The board fail to show that reduced numbers 
render it expedient to abolish this subdistrict, nor do they show that the 
townsliip is excessively taxed to support their schools. 

This department has already ruled that subdistrict lines, which have 
been long established, embracing a territory having a sufficient number 
of pupils to maintain a good school, should not be disturbed, unless it 
can be proved ^hat the general school facilities of the township will be 
improved by the change. 



SCHOOL LAW DECISIONS. 105 

The board do not show that there is any oreneral benefit to be expected 

from the proposed change of boundaries, nor do they prove that any 

existing necessity makes it desirable. The board undoubtedly intended 

to act fairly toward all, but we think they failed to properly consider all 

the circumstances involved in their action. The decision of the county 

superintendent is therefore 

Affirmed. 

HENRY SABIN, 

March 16, 1888. Superintendent of PiMic Listruction. 



J. S. FoLSOM- et al. v. District Township of Center. 
Appeal from Cedar County. 

1. Rehearing. To warrant a rehearing, some valid reason must be urged. 

2. School-house Site: Relocation of. When it is the evident intention of the 
board to relocate the site as near as possible in the center of the subdis- 
trict, in order to furnish equal school facilities to all the residents, their action 
should not be materially interfered with. 

The transcript in this case shows that on the 21st day of March, 1887, 
at a meeting of the board, a committee was appointed to investigate the 
needs of subdistrict number two and report at the meeting in Septem- 
ber. It further shows that on the 19th day of September, 1887, such 
committee reported, recommending that the new house be built for said 
subdistrict, to be located in the center of the district. The report was 
received and the committee discharged. The report was also upon mo- 
tion laid upon the table. 

On the 19th day of March, 1888, at a meeting of the directors the above 
report was finally adopted and a building committee was appointed to 
confer with the county superintendent in regard to plans and specifica- 
tions. From this decision of the board Folsom et al. appealed to the 
county superintendent, and the case was heard at Tipton on the 9th day 
of April, 1888. The records in the county superintendent's office show 
that the appellee consented to the filing of an amendment to the afiidavit 
by appellant, and that the appellee filed a motion to modify the decision 
of the board, and the trial then proceeded. On the llth day of April 
the county superintendent filed a decision reversing the action of the 
board. On the 17th day of April, 1888, a motion was filed for a rehear- 
ing, within the time given by the county superintendent. On the 19th 
day of April, 1888, the motion for a rehearing was argued before the 
county superintendent and overruled. From the decision of the county 



106 SCHOOL LAW DECISIONS. 

superintendent the board appealed to the superintendent of public instruc- 
tion, and the whole case came up on a hearing before him on the 5th day 
of June, 1888. 

The first question to be decided is: Did the county superintendent err 
in overrulino; the motion for a rehearing? A rehearing of such a case- 
can be granted only when it can be shown that some injustice has been, 
done, or some mistake has been made which can be corrected by a new 
trial; or when some additional evidence has been discovered wliich is in 
favor of the party applying, but which could not have been presented 
before by reasonable diligence. The affidavit upon which the motion 
for a rehearing was based failed to show any such reasons. All th& 
main points alleged therein had already been ruled upon by the county 
superintendent, and we think she did not commit any error in overruling 
the motion. This also disposes of all the testimony sent up in support 
of the motion for a rehearing; these aflidavits will not be taken into- 
account in the final decision of the case. 

It is not necessary here to determine the legal residence of William 
Busier. His own testimony is that the distance from his residence ta 
the site selected by the board is one and one-fourth miles. The fact that 
Mrs. Morgan does not desire to send to school is not material. It is not 
the individual but the residence that *s to be considered. Some other 
person living at the same place may hereafter desire school privileges. 

We are now free to approach the main question upon which issue 
is joined. The testimony shows that the directors desired to relocate 
the school-house in subdistrict number two in a more central location, 
no other reason is assigned for the contemplated removal. There is- 
nothing to show that the present site is unsuitable, except that it does 
not well accommodate the pupils from the nortliern part of the district. 
In this determination to relocate the site near the center, there is no 
evidence of any abuse of discretion on the part of the directors, and we 
think their action should not be interfered with. 

There is, however, evidence which shows that the exact acre which 
the committee staked out, is not a desirable site for a building. The 
board themselves acknowledge this in their amended order by which the 
site is removed ten rods farther north. 

The county superintendent, in her decision, locates tlie site upon a piece 
of ground known as the "grave-yard site." It is nrged that the county 
superintendent has only appellate jurisdiction, and must therefore confine 
her decision to the two sites upon which the parties joined issue. She 
seems to have entertained some such idea, as she sustained a motion to 
rule out all evidence in regard to the unsuitableness of the grave-yard 
site when such evidence was offered on the original trial. We think she 
erred, and that such evidence should have been admitted. 



SCHOOL LAW DECISIONS. 10 T 

In April, 1886, the Hon. O. Faville, then superintendent of public in- 
struction, obtained this opinion from Hon. F. E. Bissell, then attorney 
general. "The case does not come before him (the county superintend- 
ent) merely to correct an error of the board of directors, but to hear and 
decide the same matter that the board had decided. The county super- 
intendent is not limited to an affirmance or reversal of the action of the 
board, but he determines the same question that the board determined." 
See also John Clark v. District Township of Wayne, page 47, School 
Law Decisions of 1876. 

To this opinion the decisions of this department have always conformed. 
The county superintendent therefore did not go beyond her jurisdiction in 
selecting a site different from any which had been considered by the board. 

We cannot see, however, that the grave-yard site has any advantage 
over the old site. It is irregular in shape, and is about as far north of 
the center of the subdistrict as the present site is south. In fact, its 
selection as a site for the new building defeats the very end which the 
directors had in view in their action locating the site in the center of the 
subdistrict. 

The case is remanded to the board, with instructions not to build upon 
the site selected by the committee, but to select the best site possible 
within a distance not more than forty rods from the center of the site 
staked out by the committee; the south corner of said site, however, to 
be at least fifteen rods north of the south corner of the committee's site; 
said site also to contain not less than an acre, and to be as nearly square 
in form as the circumstances will admit. 

The decision of the county superintendent is 

Reversed. 
HENRY SARIN, 

June 7, 1888. Superintendent of Public Instruction.. 



SCHOOL LAW DECISIONS. 



P. O'CoNNOK, Jr., v. Disteict Township of Badger. 

Appeal from Webster County. 

1. JuKiSDiCTiON. la most matters with which boards have to do under the law, 
their authority and responsibility' are absolute, and their jurisdiction is com- 
plete and exclusive. 

S. . A former order of the board, or a decision of the county superin- 



tendent on appeal, will not operate to prevent the board from exercising their 
discretion anew, when good reasons exist for such action. 

■3. Rehearing. To obtain a rehearing the necessity must be clearly shown. 

4. Discretionary Acts. In the exercise of discretion, the benefit of every 
reasonable doubt must be given in favor of the correctness of the official acts 
of the board. 

At a special meeting of the board held February 10, 1888, it was voted 
to remove the school-house in subdistrict number seven, forty rods north 
from its present site. P. O'Connor, Jr., appealed to the county super- 
intendent, who heard the case on the 23d day of April and affirmed the 
action of the board. P. O'Connor, Jr., appeals. 

The proceedings in this case are regular and the facts admitted by 
both parties. The only point in dispute is this: On the 10th day of 
November, 1887, the county superintendent heard the same case and 
rendered his decision reversing the action of the board. As the directors 
did not see fit to appeal, and as no material changes have taken place in 
the subdistrict, it is claimed that the decision of the county superin- 
tendent rendered November 10, 1887, must be considered as final, and 
that no further proceedings can be had in the case. If this allegation is 
true then the county superintendent committed error in not dismissing 
the case. 

Let us examine it a moment, tliat we may arrive at the intent of the law. 
It is plain that the law reposes great confidence in the discretionarj' acts 
of a board of directors. The instructions from the department of public 
instruction to county superintendents have always been that such discre- 
tionary acts are to be aflirmed unless it can be very clearly shown that 
the board have in some way abused their powers; if there is a doubt 
•even, the board are to have the benefit of it. It has become a well es- 
tablished principle that the conduct of the schools and the location of 
school-houses should be left with those officers who have the closest 
relation to the people for whose benefit the schools are maintained. 
With this principle this department is not willing to interfere. 



SCHOOL LAW DECISIONS. 109 

Is it right, then, that in this present case because the county superinten- 
dent reversed the board in November, 1887, they should be left without 
further remedy? We think not. After their former action was reversed, 
the board had their choice of three courses of action; they were bound 
to take the one which they believed to be for the best interests of the 
subdistrict. 

They could ask for a rehearing, but to obtain that they must be able 
to show. that some very grave mistake had been made, or that they had 
discovered some additional evidence which could not have been pre- 
sented before by using reasonable diligence. 

They could appeal to the superintendent of public instruction, but in 
that event they must base their case wholly upon the evidence as pre- 
sented before the county superintendent, since this department has no- 
right to hear any additional testimony. 

They could begin the case de novo, amend their record if it was faulty, 
supply omissions, introduce new testimony, and perfect their proceed- 
ings in such ways as to obtain if possible a different decision from the 
county superintendent; or so as to make a stronger case before the 
superintendent of public instruction if either party found it necessary tO' 
appeal to him. 

In this case the directors chose the last remedy, and we think they 
were wise in doing so, as the most ready manner of obtaining a final 
adjudication of the whole matter. 

After careful study of the authorities cited by counsel, we can only 
reach this conclusion. If the aggrieved party fails to appeal within the 
thirty days allowed by the law, the decision of the county superin- 
tendent becomes final as far as that particular case is concerned; but we 
find nothing in the law to warrant the conclusion that a reversal by the 
county superintendent acts as a bar to any further proceedings because 
the district board did not then and there take an appeal to the superin- 
tendent of public instruction. Such a conclusion would defeat the ends 
aimed at by the law in placing the management of the schools in the 
hands of the school officers as chosen by the people. The county super- 
intendent and the superintendent of public instruction, in hearing these- 
appeal cases have the jurisdiction somewhat, of a court of equity and 
are not bound by a rigid adherence to the technical forms and customs 
which prevail in the courts of justice. 

In reaching this conclusion we are supported by the case of Morgan v. 
Wiifley et al.^ 70 Iowa, 338. "The power to redistrict and change sub- 
districts is conferred upon the board by the statute, and action in that 
direction, for sufficient cause, cannot be considered as unauthorized." 
The power to change or fix the school-house site is conferred in the same 
manner. Further: "The board of directors cannot be so fettered by its 



210 SCHOOL LAW DECISIONS. 

prior action, or by legal proceedings, that it may not, at any time, for 
■sufficient cause, redistrict the township, as in its best judgment may 
be demanded by the interest of all the children of the district." The 
principle here enunciated is so broad that it applies to all the actions of 
the board, and it is not necessary to dwell upon it. 

In regard to the merits of this case, there is nothing to be said. There 
is no evidence to show that the board abused their authority, and conse- 
quently no reason for setting their order aside. The decision of the 

county superintendent is 

Affirmed. 

HENRY SABIN, 

July 9, ]888. • Sujperintendent of Public Instruction. 



iNDErENDENT DiSTEICT OF EdNA GeOVE V. INDEPENDENT DiSTKICT OF 

Edna et al. 
Appeal from Cass County. 

Assets and Liabilities. When an entire township is organized into independ- 
ent districts, the settlement of assets and liabilities is made by the boards of 
the newly created independent districts. 

It appears that in the year 1886 the district township of Edna was or- 
ganized into an independent district township. This district was after- 
wards subdivided into nine independent districts, in accordance with 
chapter 133, laws of 1878, as amended by chapter 131, laws of 1882. On 
the 9th day of March, the directors of the old independent district of 
Edna made a division of- assets and liabilities, among the said nine inde- 
pendent districts. From this action the independent district of Edna 
■Grove appealed to the county superintendent. The appeal was heard 
on the 3d of May, 1888, and a decision rendered by the county superin- 
tendent upon two points. 

That while the county superintendent has jurisdiction in such cases 
whenever directors abuse their discretionary powers, he may not render 
a judgment for money. In this there can be no question of the correct- 
ness of his decision. If the independent district of Edna Grove feel 
aggrieved in the apportionment of the assets, their only remedy is to be 
found in the courts. The law gives the county superintendent no power 
to interfere in the distribution of the assets. 

The county superintendent also found that the directors of the inde- 
pendent district of Edna, the old board, had no power to distribute the 
assets and liabilities, and therefore dismissed the case. Was he correct 
in this decision? Previous to the year 18T6 the law provided that in case 



SCHOOL LAW DECISIONS. Ill 

•of reorganization in independent districts, the old board of directors of 
the district township should make a division of the assets and liabilities. 
The sections providing for reorganization of independent districts, 1815- 
1820, were amended by the sixteenth general assembly and the present 
sections 1815-1820 enacted in their place. 

Section 1820 as it now stands provides explicitly that the respective 
T^oards of directors shall make an equitable division of the assets and 
liabilities. The law relating to subdivision of independent districts, 
■chapter 133, School Laws of 1888, makes no provision for the division 
of assets and liabilities. It does however provide that independent dis- 
tricts organized under the provisions of this act shall be governed by the 
laws relating to other independent districts. Section 1715 provides that 
a similar division, by the respective boards of directors, shall be made 
in the case of the formation of independent districts. We are led to the 
•conclusion in this case, that the division should have been made by the 
a'espective boards of the independent districts carved out of the inde- 
pendent district of Edna. 

The decision of the county superintendent is therefore 

ArriEMED. 

HENRY SABIN, 

August 11, 1888. Superintendent of Public Instruction 



Michael Meleney v. District Township of Eein. 

Appeal from Hancock County. 

Discretionary Acts. May not be reversed unless the proof is conclusive. The 
boai'd must bear any blame that may attach to an unwise or inexpedient action. 

The transcript in this case shows that on the 19th day of March, 1888, 
the directors voted to locate the new school-house in subdistrict number 
six, as near the center of sections 3, 4, 9 and 10, as practicable. 

April 23, 1888, they voted to locate the house on the southeast cor- 
ner of the southwest quarter of section 4. From this decision Michael 
Meleney appealed to the county superintendent, who after hearing evi- 
dence in the case reversed the action of the board and relocated the site 
for the new school-house near the southeast corner of the northwest 
quarter of section nine. From this decision William Boldt appeals. 

The law vests very large discretionary powers in the board. They are 
■chosen by the people for a specific purpose and are directly responsible 
to the people for the manner in which they discharge their duties. 
Parties feeling themselves aggrieved by the action of the directors have 



112 SCHOOL LAW DECISIONS. 

the right of appeal, but they must make it plain that their grievance is 
something more than personal in its nature, that it consists in some 
violation of the law, or some abuse of discretion on the part of the 
directors, such ad being actuated by selfish or improper motives or neg- 
lecting to exercise due discretion in guarding the interests of the entire 
district. 

The county superintendent, it is true, may determine whatever ques- 
tions the board had determined, but he is not to put himself in the place 
of the board, nor is he to assume, except in extreme cases, the responsi- 
bility which belongs to them. It is not expected that he will assume 
original jurisdiction and reverse their action upon his individual judg- 
ment. He may even think that if he had been a member of the board 
he would have voted differently from the majority, or that some other 
course than that taken by the board would have been better for the 
interests of the district, and yet feel compelled to affirm the action of the 
directors. He may not reverse their action unless it is proved beyond 
doubt that they violated law or in some manner abused their discretion. 
If there is any doubt, the board are to have the benefit of that doubt. 
Kemion, Orriie^ et at. v. District Nmnber Four, Nodaway Townsliip; 
also, Boyer v. Independent District No- ^, Dutch Township. 

The township of Erin consists of five subdistricts. Three of the direct- 
ors voted to locate the new house in subdistrict number two, on the site 
in question, and two favored a site one-half mile farther south. There 
was very little testimony introduced in the trial before the county super- 
intendent. While it is evident that the site chosen by the majority of 
the directors is in some respects not the most desirable for a school-house 
site, it is uncertain whether there is any better site in that neighborhood. 
There is nothing to show that they have violated any law or in any way 
abused their discretion. 

The proceedings of the county superintendent in this case have been in 
all respects in accordance with the requirements of the law and he was 
undoubtedly actuated by the best motives. We cannot however affirm 
his decision without violating a well known rule of law and reversing 
the policy which this department has followed without an exception. The 
decision of the county superintendent is 

Reversed. 
HENRY SARIN, 

September 17, 1888. Sujpexintendent of Public Instruction. 



SCHOOL LAW decisio:ns. 113 



J. F. Klise v. District Township of Independenci:. 
Appeal from Jasper County. 

1. Notice. When leading parties in the case sign an agreement waiving notice, 
neither side can afterward object to such proceedings as being irregular. 

2. Indepemdent District: Organization of. In establishing the boundaries of 
a contemplated independent district under section 1801, the board should 
include with the town such contiguous territory as may best subserve the con- 
venience of the people for school purposes. 

The transcript shows that on the 25th da}^ of May, 1888, the directors 
of the district township of Independence, upon a petition duly signed 
and presented to them, refused to establish the independent district of 
Baxter as prayed for in said petition. The transcript further shows that 
at said meeting the directors established the independent district of Bax- 
ter, with boundaries as follows: "Beginning at northwest corner of the 
southeast quarter of the northeast quarter of section 15, running thence 
east one-half mile, thence south one-half mile, thence west one-half mile,, 
thence north one-half mile to place of beginniug." 

From this action J. F. Klise appealed to the county superintendent, 
who on the 27th day of June, 1888, rendered his decision reversing the 
action of said board and establishing the independent district of Baxter 
with boundaries as follows: Beginning at the N. W. corner of the east 
half of the N. E. quarter of section 15, thence run due east to the N. E, 
corner of section 13, thence south to the S. E. corner of the N. E. quar- 
ter of section 24, thence west to the S. W. corner of the east half of the 
N. E. quarter of section 22, thence north to place of beginning. The 
board now appeal. 

There are some irregularities in this case which must be noticed here. 
The transcript of proceedings was filed by the secretary before the affi- 
davit was in the office of the county superintendent, and the case was 
thereupon dismissed. A new case was instituted and the secretary refiled 
his original transcript instead of preparing a new one. It does not ap- 
pear that the interest of either party was prejudiced by this error. It 
has always been held by this department that the stringent rules of prac- 
tice are not to be too closely followed in this system of appeals, and that 
as the leading purpose of the law is to obtain substantial justice, this 
object should not be defeated by technical objections. See James C. 
Smith V. District Township of Maquoketa. It should also be noticed 
that the transcript of record sent up "by the county superintendent shows 
that "The transcript of the records of said board, together with copies of 
8 



114: SCHOOL LAW DECISIONS. 

papers and plats being on file in this office, the same were accepted in 
this case, and Mr. Klise on behalf of himself as appellant, and D. E.. 
Mann, secretary of said school board, and J. F. Walton, a member 
of the committee of said board, on the part of the appellee waive any 
further notice, and the day is fixed for the hearing of said appeal on the 
22nd day of June, 1888." 

It is held that the above agreement acts as a bar to the right of either 
party to object to further proceedings, and that the county superin- 
tendent did not err in proceeding to try the case upon its merits. 

There is but one vital point in this case. Did the county superin- 
tendent err in fixing the boundaries for the independent district of Bax- 
ter? The limits of said district as established by the township board, 
contained 160 acres of land, the valuation of which, as appears from the 
testimony sent up by the county superintendent, is estimated at about 
$24,000. When we consider that there are at least eighty pupils to be 
provided for in the contemplated district, it is evident that to provide 
suitable school accommodations under such limitations would require an 
excessive rate of taxation, beyond anything contemplated by the law. 

We hold that in this respect the board did abuse the discretion reposed 
in them by the law, and that the county superintendent was fully war- 
ranted in reversing their action. The county superintendent had full 
power to do whatever the board could lawfully do. Did he abuse his 
discretion in establishing the boundaries of the independent district of 
Baxter? According to the transcript sent up to this office, certified to 
by the county superintendent, as the assessed valuation of real and per- 
sonal property within the limits as set off by him, to constitute the inde- 
pendent district of Baxter, and as found in the books marked 1887-1888, 
considered by him in determining said case, the valuation is both real 
estate and personal, $58,177. The same valuation for the township is 
$320,887. The number of pupils within the limits of said independent 
district of Baxter is nearly twice as many as in any of the remaining 
subdistricts of the township. The division of territory seems to be as 
nearly equitable as any that can be devised. 

It is therefore ordered that the independent district of Baxter be 
created to consist of such territory as was set off by the county superin- 
tendent in his decision rendered June 27, 1888, and that in accordance 
with section 1801 an election shall be held on the 20th day of March, 
1889, at which time the electors shall vote by ballot for or against such 
organization. 

The decision of the county superintendent is 

Affirmed. 
HENRY SABIN, 

October 29, 1888. Sujyerhitendent of Public Instruction. 



SCHOOL LAW DECISIONS. 115 



Samuel Walkek v. J. S. Ceawfokd, County Superintendent. 
Appeal from Cass County. 

1. Certificate: Eefusalof. The county superintendent is his own Judge as to 
how fully he will give the applicant reasons for the refusal of a certificate. 

2. : . The county superintendent is charged with the responsibility 

of refusing to issue a certificate to any person unless fully satisfied that the 
applicant possesses the essential qualifications demanded of teachers by the 
law. 

S. Discretionary Acts. Unless a marked violation of the large discretion 
vested in the county superintendent is proved clearly and conclusively, his 
action in refusing or i-evoking a certificate will not be interfered with on 
appeal. 

This case arises from the refusal of J. S. Crawford, county superin- 
tendent of Cass county, to grant a certificate to Samuel Walker to teach 
in the schools of said county. The case was reheard on the 1st day of 
December, 1888, byway of appeal, the county superintendent approving 
his former decision. Samuel Walker appeals. 

Section 1766 requires the county superintendent to examine each can- 
didate desiring to teach in the public schools of his county, in certain 
branches enumerated therein, with special reference to his competency 
and ability to teach the same. But section 1T6Y still further directs that 
the county superintendent must satisfy himself that the applicant pos- 
sesses a good moral character and the essential qualifications for govern- 
ing and instructing children and youth. Here then, are three distinct 
qualifications to be investigated and determined by the county superin- 
tendent before he issues the certificate, 

My predecessor very pointedly says in a written opinion on file in this 
ofiice: "Under the law the county superintendent must be satisfied that 
you (the candidate) possess all the qualifications enumerated by the law." 

In this case it is not claimed that the appellant is deficient in the 
branches usually taught in the public schools. Neither is it charged 
that he does not possess a good moral character. The only point in 
question is his ability to instruct and govern children and j^outh. We 
-confess that this is an exceedingly diflicult point to determine in many 
cases. The surest way undoubtedly is to visit and inspect the school, 
but we think the county superintendent took the next best way when he 
■drew the candidate into a conversation and allowed him to express him- 
self freely and without reserve. There are certain traits of character 
most essential to a teacher, which cannot be ascertained by a written 
-examination alone. 



116 SCHOOL LAW DECISIONS. 

At the time of the trial on appeal the county superintendent was placecS 
on the stand as a witness for the appellant. In the course of his testi- 
mony he made this statement: "I refused Mr. Walker a certificate be- 
cause I thought, and still think, Mr. Walker did not have judgment, a 
well balanced mind, and common sense, to teach a good school." It is. 
not the duty of the superintendent of public instruction to trj^ this case 
de novo in order to determine the correctness of this conclusion. We- 
are not called upon to pass upon the fitness or unfitness of Mr. Walker 
to teach in the schools of Cass county. 

Did the county superintendent err, in that he was actuated by wrong- 
motives? If through passion or prejudice he refused Mr. Walker a cer- 
tificate he did him an injustice, and his decision should be reversed. The 
existence of such a ruling motive would show itself somewhere in the ev- 
idence. We have read the transcript several times with care, and we 
fail to find any disagreement existing between the parties previous to, or 
at the time the appellant was first examined, or that Mr. Crawford has 
spoken unkindly of Mr. Walker or shown a disposition to injure him in 
any way. It was competent for the appellant to show clearlj^ at the trial 
that the county superintendent was prejudiced against him to such an ex- 
tent as not to do him justice, this he has failed to do by any reliable tes- 
timony. The weight of the testimony is to the effect that the county 
superintendent was endeavoring to do his duty as a school ofiicer and in 
this the superintendent of public instruction must sustain him. 

The counsel for the appellant claims that the county superintendent 
erred in not informing the applicant upon what grounds he refused him; 
a certificate. The testimony of Mr. Frost, from his long experience in 
the ofiice of county superintendent, has great weight. We agree with 
him that it is generally better to inform the applicant frankly and fully 
why the certificate is refused, but cases may arise in which it is as well 
not to do this. The law is silent upon this point, the county superin- 
tendent must be his own judge of what it is best to do. We do not 
think the refusal in this case is an error on the part of the county 
superintendent. 

It is also alleged on the part of the appellant that " the county super- 
intendent made a wrongful decision upon the facts in the case." The 
appellant introduced evidence to show that he had taught a fairly suc- 
cessful school, and that he was in good repute as a teacher in his own 
neighborhood. All this was pertinent to the question at issue, but if the 
conversation and actions of the appellant made such an impression upon 
the mind of the county superintendent at the time of examination that 
this evidence even could not overcome it, the county superintendent 
could not consistently do otherwise than as he did. 



SCHOOL LAW DECISIONS. 117 

The discretion vested in the county superintendent by the law is very 
large, and for this purpose, that he may guard the public schools against 
the intrusion of persons unworthy or unlit for the office of teacher. The 
department of public instruction cannot release him from his responsi- 
bility, nor can it interfere with his discretionary acts except upon the 
clearest and most convincing proofs of violation of law, or of the influ- 
ence of passion or prejudice in the performance of his official duty. 

The appellee, on the other hand, seems to argue that the actions of 
the county superintendent, in refusing to grant a certificate cannot be 
interfered with by the superintendent of public instruction. In 1867, 
D. Franklin Wells, then superintendent of public instruction, obtained 
an opinion from the attorney general of the state, Hon. F. E. Bissell, 
upon this point. The following extract from that opinion is answer to 
•each of the claims just considered. "Chapter 52, laws of the tenth 
general assembly, provides that the superintendent of public instruction 
«hall be charged with the supervision of all the county superintendents, 
and shall determine all cases appealed from the decision of the county 
^superintendent. I hold that under the above provisions, the right of 
appeal is clearly inferrable, if not directly given to any one aggrieved 
by the refusal of the county superintendent to give a certificate, or by 
the revocation of a certificate. The power should, however, be very 
cautiously exercised and the decision of the county superintendent should 
DOt be interfered with except in case of a clear violation of duty, or 
when the act was the clear result of passion or prejudice." 

After a careful review of the testimony and the able arguments sub- 
mitted to us, we do not find sufficient reason for reversing the decision 

made heretofore. 

Affirmed. 

HENKY SABIN, 

February 4, 1889. Superintendent of FuUic Instruction. 



Feeey Hodge v. K. B. Young, County Superintendent, et al. 
Appeal from Dickinson County. 

1. Appeal. An appeal will lie to determine conclusively whether the provisions 
of secdon 1797 have been complied with. 

2. Territory: Transfer of. When a transfer is sought under section 1797, no 
appeal will lie to control the discretion of the county superintendent and the 
board of the district from which the territory is taken. 

On the 18th day of February, 1889, K. B. Young, county superintend- 
ent of Dickinson county, issued an order that the S. E. quarter and also 
the N. E. quarter of Sec. 24, 99, 36, Center Grove township, should be 



llQ SCHOOL LAW DECISIONS. 

set off to Richland township for school purposes under section 1797- 
Perry Hodge appeals from this order. 

It is also in evidence that the directors of the district affected gave their 
consent to the transfer of territory. As this is a case in which the county 
superintendent has original jurisdiction to act with the directors of the 
district affected, no appeal will lie from his action to control his discretion. 
It is competent, however, for the superintendent of public instruction to 
entertain an appeal for the purpose of ascertaining whether the provisions 
of section 1797 apply. If there is clear evidence that the provisions of said 
section do not apply, the order of the county superintendent must be set 
aside. There seems to be clear proof that such a natural obstacle as the law 
contemplates, does not exist in this case. There are in evidence the affida- 
vits of certain parties who claim to be well acquainted with the territory 
transferred by said order, to the effect that the slough in question is by 
no means impassable to such a degree as to act as an obstacle to children 
attending school in Center Grove township, in the meaning contemplated 
by the law. It is held that there is no power under section 1797, to- 
transfer said territory. 

The order of the county superintendent, dated February 18, 1889, is 

therefore declared void and 

Reversed. 

HENRY SARIN, 

May 18, 1889. Superintendent of Pallic Instructimi, 



G. W. Davis et al. v. Distkict Township of Linn- 
Appeal from Linn County. 

1. Appeal. Will not lie to control the action of either board or of the county 
superintendent, under section 1793. 

2 . Tuition. To enable the district in which the children reside to collect tuition, 
all the requirements of section 1793 must first be fulfilled. 

At their regular meeting on the 18th of March, 1889, the board passed 
a resolution excluding from the privileges of the school in subdistrict 
number seven, children from the independent district of Laurel Hill in 
Jones county who had from time to time for many years, been allowed 
to attend the school in said subdistrict number seven. On the 13th of 
April the board considered a petition of parties in the adjoining district 
of Laurel Hill desiring to send to the school in Linn township, and passed 
an order refusing to admit their scholars. From this action, G. W. 
Davis and others appealed to the county superintendent who heard the 
case on the 9th of May, affirming the order of the board. From his 
decision G. W. Davis appeals. 



SCHOOL LAW DECISIONS. 119 

The attendance of scholars living in an adjoining district is governed 
by section 1793, School Laws of 1888. By the portion of the section to 
which this appeal relates, children may attend in another district on such 
terms as may be agreed upon by the 'respective boards. In the history 
of this case it is not shown that any action was taken by the board of 
Laurel Hill as to agreement regarding terms of attendance. The board 
of the district township of Linn refused to admit the scholars in question. 
It is from tliis order, an initial action, that appeal was taken. 

At the trial before the county superintendent a statement of facts was 
submitted and was agreed to by both parties to the appeal, as a basis 
upon which the appeal should be heard. At this point the board by 
their attorney filed a demurrer, urging that the county superintendent 
could not acquire jurisdiction; that the action of the board complained of 
was not subject to revision upon appeal; and asking the county super- 
intendent to dismiss the case for want of jurisdiction. The demurrer was 
overruled, the case was tried on the agreed statement of facts, and the 
order of the board affirmed. Did the county superintendent err in over- 
ruling the motion to dismiss the case for want of jurisdiction? We think 
he did. 

If the boards fail to agree upon terms of attendance, certain conditions 
regarding distance from the respective schools being fulfilled, as they are 
in this case, section 1793 itself provides the next step to be taken. The 
county superintendent of the county in which the children reside may 
give his consent with that of the board of the district where the children 
desire to attend, admitting them. But from the refusal of the board to 
admit the children it is held and has been uniformly held in opinions by 
this department, that appeal will not lie. It has always been conceded 
to be the intention of the lawmakers to leave with the board of the dis- 
trict in which the school is maintained, the matter of determining finally 
and conclusively, if they choose, that scholars shall not be admitted under 
the provisions of section 1793. If their consent is withheld, neither the 
courts of law nor any appellate tribunal may set aside their order of 
refusal, and compel them to admit outsiders and accept as compensation 
for their instruction the amounts fixed by section 1793. District No. ^, 
Harlan Tovjnship v. District No. i, Harlan ToiansJdp., last paragraph 
but one. We have referred to this matter at such length, because the 
counsel for the appellant urges the claim that the case should be remanded 
for a new trial. 

We are compelled to find that there are but two methods in law, by 
which attendance in subdistrict number seven may be secured for their 
children by the appellants. The two boards may agree as to the terms 
of attendance. Or after they have refused to agree the concurrent con- 
sent of the county superintendent of Jones county and the board of the 



120 SCHOOL LAW DECISIONS. 

district township of Linn, will entitle the children to attendance and bind 
their home district for the expenses of their instruction in the manner 
provided by section 1793. But appeal will not lie to control the action 
of either board, or of the county superintendent. 

Ke^'ersed and Dismissed. 
HENRY SABIN, 
August 6, 1889. Superintendent of PiMic Instruction. 



J. S. FoLsoM et al. v. Disteict Township of Center. 

Appeal from Cedar County. 

Modification of Decision. 

Appeal. A decision may be modified upon proof that a change in its terms is 
desirable. 

The decision given in the above entitled appeal, dated June 7, 1888, is 
hereby modified as follows. 

We are assured that the provisions of the decision have been complied 
with, the site having been located and the school-house built thereon 
in strict conformity with the terms of the decision. It is now desired by 
all parties to change the form of the site, slightly. Our decision re- 
ferred to above is therefore modified so that the site may extend about 
eighteen rods south of the limitation made by the former decision, and 
shall be about twenty-two rods long, six rods wide at the south end, and 

nine rods wide at the north end. 

HENRY SARIN, 

December 30, 1889. Superintendent of Puhlic Instruction. 



ISHAM WaTKINS v. INDEPENDENT DISTRICT OF EmPIRE. 

Appeal from Marion County . 

1. Appeal. An appeal will not lie from an order of aboard initiating a change 
in boundaries, where the concurrence of the board of an adjoining district is 
necessary to effect the change. 

2. Jurisdiction. The jurisdiction of an appellate tribunal is not greater than 
that of the board from whose action the appeal is taken. 

On the 16th of September, 1889, the board of the independent district 
of Highland determined to notify Isham Watkins of Empire district, 
that his children could not any longer attend the school in Highland dis- 
trict. The records show that they were willing that he should be attached 
to Highland district. This was taken as an initiatory movement. Isham 



SCHOOL LAW DECISIONS. 121 

Watkins petitioned the board of the Empire district to set off the 
north half of northeast quarter of section 25, 75, 21, to the independent 
district of Highland. The petition was rejected, in effect the Empire 
board refused to concur. An appeal was taken to the county superin- 
tendent, who ordered that the northeast quarter of northeast quarter of 
section 25, be detached from the independent district of Empire and 
attached to the independent district of Highland. 

Of the several questions involved in this case it is only necessary to 
discuss one. Did the county superintendent exceed his jurisdiction? 
The board of Highland initiated an action. The directors of Empire 
district must either concur or nonconcur, and from their action an appeal 
could be taken. If they did not choose to accede to the proposition of 
the Highland district, then action in that particular ended with their vote 
to nonconcur. If they had a different proposition to make, as for instance 
granting forty acres, they could only initiate a movement to that effect, 
and leave it for Highland district to act, and from the action of the latter 
board an appeal could then be taken. 

In this case the county superintendent initiates a new action, and leaves 
it for Highland district to act. Now if his action is allowed to stand, 
any one aggrieved may take an appeal from the action of the board of 
the Highland district. He would then have an appeal brought before 
the county superintendent from an action which he himself initiated. It 
might be further argued tliat if the county superintendent has original 
jurisdiction, then this appeal cannot lie, as an appeal can be taken only 
from the action of the board completing the action. The precedents 
■established have been followed closely by this department and we can see 
no reason for breaking away from them. 

It is held that in cases requiring the concurrent action of two boards, 
the board completing the action can only concur or nonconcur. Any 
action involving a new proposition initiates a new case, which must be 
passed upon by the other board concerned in the matter and from which 
an appeal can be taken. It is further held that the county superintendent 
upon appeal is limited to reversing or affirming the action of the board 
completing the action, and that he cannot assume original jurisdiction 
and do what the board appealed from could not do. 

It seems apparent that Mr. Watkins has not reasonably good school 

facilities and we regret that we are compelled to set aside the decision of 

the county superintendent. He was actuated by laudable motives and 

was looking for the best interests of the children in this case. We are, 

however, forced to the conclusion that the county superintendent erred 

in assuming original jurisdiction. 

Reversed and Dismissed. 

HENRY SARIN, 

March 18, 1890. Superintendent of Public Instruction. 



122 SCHOOL LAW DECISIONS. 



Robert Maxwell v. District Township of Lincoln. 
Apijeal from Union County. 

1. Proceedings. The regularity of all the proceedings will be presumed upon. 
This is true in an especial sense when the records are more than usually full 
and complete. 

2. Teacher: Trial of. In the trial of a teacher the board are bound carefully 
to protect the interests of the district and to seek the welfare of the school, as 
well as to regard the rights guaranteed to the teacher. 

On the 9th day of December, 1889, the secretary acting upon a peti- 
tion signed by five residents, called a meeting of the board for Decem- 
ber 14, to examine the teacher of subdistrict number eight. A notice 
was also served upon the teacher the same date, signed by secretary, 
both the call and the notice being spread upon the records in due form. 
The meeting was held on the llth of December. The records show that 
the appellant was present and objected to the consideration of the charges, 
as the proceedings were not in accordance with section 1734. At the 
same time he demanded a copy of the charges and that one week be 
given him in which to prepare his defense, which demand was complied 
with and the board adjourned to December 21. 

If the appellant liad moved to dismiss the case, it would not have been 
an error to sustain the motion, but he submitted to the jurisdiction of the 
board and obtained a continuance of the case until December 21. It 
must be held that by this action he waived any defect or irregularity in 
the jurisdiction of the board in this case. The purpose and object of the 
process, as pointed out in section 1734, was fully accomplished. See 
Witgus et al. v. Gettings et al.^ 19 Iowa, page 82. At the meeting held 
December 21, the board voted to discharge the teacher. An appeal was^ 
taken to the county superintendent who affirmed the board. The appel- 
lant appeals to the superintendent of public instruction. 

The only question before the county superintendent was whether the 
conditions as prescribed in section 1734 were fully complied with. It i& 
alleged that while the teacher was present, he was not allowed to make 
his defense. The secretary's transcript furnishes the only means of de- 
termining this. The records show that he was allowed to cross-examine 
witnesses, and they do not show that he was barred from offering evi- 
dence had he chosen to do so. There can be no question of the power 
of the board under the law to discharge the teacher. It is held in case 
of Kirlipatrick v. Inde-pendent District of Liberty., 53 Iowa, 585, that 
the board does not act as a court, in any strict sense, and is not bound 



SCHOOL LAW DECISIONS. lig 

by the rules applicable to a court. The intent of the statute is evidently, 
while it guards carefully the rights of the teacher, to enable the board to 
discharge a teacher who, after a careful investigation, is determined to 
be unfit for the position. It is termed " a simple and inexpensive way 
of determining rights." It is claimed by the counsel for the appellant 
that when a certain mode is prescribed in determining a case not in the 
usual course of the common law, such mode must be followed, and 
reference is made to the case of Cooper v. Sunderland^ 3 Iowa, 125. 
But it is held in the same case that when sufficient appears on the face 
of the records to give it jurisdiction under the law conferring the power, 
then the presumption attaches in favor of the remainder of the proceed- 
ings of the court. If the action of the appellant in appearing for trial 
gave the board jurisdiction, then all the proceedings must be held to be 
regular. The discharge of a teacher is largely within the discretionary 
power of the board. . They are to guard the rights of the district and the 
interests of the school, as well as the rights of the teacher. After a full 
and fair investigation it is their duty to act as they deem it best, under 
all the conditions and circumstances of the case. See Smith v. District 
Towmhip of Knox, 42 Iowa, 522. This being the case it is the duty of 
the county superintendent not. to interfere with the action of the board 
unless he is convinced that they in some way abused their discretion. 
He is right in sustaining the board even though as an individual he would 
have preferred some other action on their part. 

Our conclusion is, after a careful consideration of the matter and after 
reading the transcript with unusual care, that the defendant had a fair 
and impartial trial, and that the terms of the law were substantially 
complied with. The decision of the county superintendent is 

Affirmed. 
HENRY SABIN, 

June 12, 1890. Superintendent of PaUic Instruction. 



Kelley and Smith v. District Township of Eden. 
Appeal from Decatur County. 

Board of Directors. After such a decision as prevents any action of the board 
until some material change occurs, in order that the board may act anew 
changes of such a character as to obviate to a large extent the objections that 
previously existed, must have taken place. 

The main points in this case are simply these: On the 8th day of Feb- 
ruary, 1890, the board voted to abolish subdistrict number eight. Appeal 
was taken to the county superintendent, who reversed the action of the 



124 SCHOOL LAW DECISIONS. 

board. An appeal was then taken to the superintendent of public 
instruction. 

This department has held that when a case involving a chano;e of sub- 
district boundaries has been adjudicated by the county superintendent, 
reversing the action of the board, and has been affirmed when brought 
before the superintendent of public instruction, upon appeal, it cannot 
again be brought upon appeal, unless it can be shown that some material 
change affecting the conditions of the case has taken place since the 
date of the former decision. It is proper to say that this holding is 
based upon opinions uniformly given by the former superintendents of 
public instruction, and on file in this office. 

As this case was substantially before this department in March, 1888, 
it is first in order to determine whether any material change has taken 
place affecting the conditions of the case, since that date. By a material 
change we mean such a change as would obviate to a large extent the 
objections raised against the action of the board at that time. 

The erection of the bridge over Little River does not, according to the 
testimony, lessen the difficulty of attending school on the part of certain 
scholars, as the bottom land is impassable during high water. There has 
been no decrease in the number of pupils which renders it expedient to 
.abolish subdistrict number eight. The taxes in Eden township for 
school purposes are not in excess of what they were in 1888, 

We are unable to find after carefully reading the testimony in this 
case, that there has been any material change affecting this case since 
our decision rendered March 16, 1888. This conclusion renders it 
unnecessary to examine other points raised by counsel, 

Affikmed and Dismissed, 

HENRY SARIN, 

June 23, 1890, Superintendent of Public Listrmction. 



Michael Donelon v. District Township of Kniest. 
Appeal from Carroll County. 

Subdistrict Boundaries. The boundaries of subdistricts may be changed or new 
subdistricts formed, only at the regular meeting of the board in September or 
at a special meeting held before the following March. 

On the 24th of March, 1890, the board made an order changing the 
boundary between subdistricts four and five, Michael Donelon residing 
upon the territory transferred appealed to the county superintendent, 
who on the 14th of April affirmed the order of the board, and from his 
decision Mr, Donelon appeals. 



SCHOOL LA.W DECISIONS. 125 

* 

The action of the board called in question was taken under section 
1796, the first of which section reads: "The board of directors shall, at 
their regular meeting in September, or at any special meeting called 
thereafter for that purpose, divide their township into subdistricts, etc.'^ 
It has been continuously held by this department ever since the enact- 
ment of the provision of law quoted above, that as changes in the sub- 
district boundaries under section 1796 do not take effect until the follow- 
ing subdistrict election, it is therefore the manifest intention of the law as 
indicated in the reading of the portion of section 1796 we have quoted,, 
that said changes should be ordered at the regular meeting of the board 
in September, or at a specially called meeting held long enough before- 
the subdistrict election to allow time for notices to be given for the elec- 
tion of subdirectors, and that the law does not give the board power to- 
change subdistrict boundaries between March and September, but only 
between September and March. If this is the meaning of the law it is 
decisive of this case, and we shall be compelled to dismiss the case for 
want of jurisdiction. 

A careful examination of the question leads us to the same conclu- 
sions uniformly announced by our predecessors. We are able in no 
other way to explain the wording of the section. It seems plain that the 
law intends to impose the limitation upon the board so clearly indicated 
by the phraseology of section 1796. 

Attention is invited to the decisions found on pages 25, 26, and 63, 
School Law Decisions of 1876. It is also worthy of notice that this 
principle has been considered to be so fully established in practice and 
so well understood, that cases referring to the universally admitted fact 
have been omitted from the three compilations of decisions made since 
1876. This case is the first appeal for many years past reviving the 
question. 

We are aware that the case in 70 Iowa, 338, may be urged as afford- 
ing opportunity for a different view than the one taken by us. But it 
must be observed that the matter at issue in that case is whether the 
board have power to exercise their discretion in so full and complete a 
manner as to dispense entirely with a new subdistrict recently created 
by a former board, and thus by a single order opposite in intention to 
nullify all that had been done previously in regard to change of bounda- 
ries. It was urged that the board do not have such power after the sub- 
district has acquired a legal existence. The effect of the decision is to 
establish the power of the board to exercise their fullest discretion in 
determining the necessity for change of boundaries, subject to the 
remedy of appeal. We cannot interpret the decision as setting aside 
that provision of 1796 which directs that such changes in boundaries 
shall be made at the regular meeting of the board in September, or at a 



^26 SCHOOL LAW DECISIONS. 

special meeting thereafter, obviously not to be held later than the first 
Monday in March. 

It is apparent then that the action of the board complained of in this 
case was not in accordance with law, and hence was null and void. It 
is fortunate that the board have an opportunity within a few weeks to 
take such action as may then seem to them for the best interests of their 

•district and and all concerned. 

Eeveksed and Dismissed. 

HENKY SABIN, 

August 23, 1890. Svjpcrintendent of Piiblic Instruction. 



E. J. HOSKINS ET AL. V. DiSTEICT ToWNSHIP OF LiNCOLN. 

Appeal from Shelby County. 

1 . Discretionary Acts. The appellate tribunal is to decide only whether the 
action complained of in the affidavit of appeal is proved to be of such a nature 
as to compel a reversal of such action. 

2 . Appeal. It is not intended that the superintendent of public instruction shall 
hear an appeal case de novo. He is confined to the record of the case as heard 
before the county sui^erintendent. 

^. , It is not the purpose of an appeal to secure a decision as to which 

of two sites is preferable, or as to whether a better site might not have been, 
found. If the site chosen is proved to be unsuitable, or an abuse of discretion- 
ary power is clearly shown, then the order of the board may be set aside, bu^ 
not otherwise. 

On May 19, 1890, the directors passed an order locating the school- 
house site in subdistrict number seven, in the IS". W. corner of section 
36. From this order E. J. Hoskins appealed to the county superin- 
tendent, who affirmed the action of the board. Appeal was then taken 
to the superintendent of public instruction. 

Exclusive power to locate school-house sites is vested in the board. 
Such power is nowhere given to the county superintendent. The only 
limitations imposed upon the board are that they sliall observe the geo- 
graphical position and the convenience of the people. If any one is 
ao-grieved by the action of the board he may appeal to the county super- 
intendent, who has the power after a hearing of the case to reverse their 
action provided he is satisfied beyond a reasonable doubt that they have 
violated law, or abused their discretion in some way, as by choosing a 
site too far from the geographical center or one which is not suited to 
the convenience of the people. 

It is not claimed in the present case that the board violated law in any 
way. The difference between the two sites in question is only eighty 



SCHOOL LAW DECISIONS. 127 

rods and there is no preponderance of evidence to show that one is much 
more suited to the convenience of the people than the other. It is not 
the intention of the law that the county superintendent should place his 
private judgment over against the judgment of the board. His duty is 
to determine whether the grievance complained of in the affidavit is 
proved to be of such a nature as to warrant him in interfering with the 
action of the board. His own opinion that some other course of action 
would have been better should not be allowed to bias his decision. The 
counsel for appellants urged at the trial before the superintendent of 
public instruction, that they could not get a trial of facts before the 
county superintendent ; they desired him to ascertain which of the two 
isites is more preferable as a site for a building and to base his decision 
upon that alone. The affidavit upon which the case was tried before the 
county superintendent alleges in substance that the site chosen by the 
board is for various reasons unsuitable for school purposes. The issue 
was joined upon this fact, and the county superintendent in his decision 
finds that while the site contended for b}^ the appellants is in some re- 
spects the better of the two, the one selected by the board is not unsuit- 
able for school purposes and constitutes what he confiders a fair average 
site. Under such conditions he very properly affirmed the action of the 
board. 

The counsel for appellant places great stress upon the decision of the 
supreme court in the case of Atkinson et at. v. Hutchinson et al.. 68 
Iowa, 161, to prove that the superintendent of public instruction is not of 
necessity confined to the exact record made before the county superin- 
tendent, but that his decision should be based upon all essential, existing 
facts. It is supposed that such facts are brought out upon the trial be- 
fore the county superintendent and appear in the transcript of evidence 
sent up with the case. If between the time of trial before the county 
superintendent and the trial before the superintendent of public instruction 
■some essential evidence comes to light which could not from its nature 
have been known at the time of the trial before the county superintendent, 
it would perhaps be proper for the superintendent of public instruction 
to take it into consideration before rendering his decision. In the case 
cited, at that time before the supreme court, it was contended that certain 
unusual changes took place prior to the hearing before the superintendent 
of public instruction, which affected very materially the condition of 
affairs. The court in rendering its decision took it for granted that these 
changes were known to the superintendent of public instruction at the 
time he decided the case. If the supreme court had intended to convey 
the idea that it is the province of the superintendent of public instruction 
to hear the case de novo in the usual acceptation of that term, they would 
hardly have said that the legislature designed to provide an inexpensive and 



128 SCHOOL LAW DECISIONS. 

summary way of disposi3:ig of these questions when it afforded aggrieved 
parties the right of appeaL Indeed if the superintendent of public in- 
struction had the power to discard the trial before the county superin- 
tendent, and to send for witnesses and papers from remote sections of 
the state, as would be necessary in hearing these cases de novo, this- 
would prove the most expensive and tedious way of disposing of these- 
questions which it would be possible to devise. 

The decision of the county superintendent is 

Affirmed. 
HENKY SABIN, 

October 9, 1890. Sujperintendent of Public Instruction,. 



Heffekn and Van Patter v. District Township of Tipton. 
Appeal from Hardin County. 

1. School-house Taxes. The board may not refuse to expend school-house 
funds for the purposes for which they were voted. 

2. Mandamus. To compel the performance of an official duty not involving the- 
exercise of discretion, a writ of mandamus is a speedy remedy. 

The affidavit in this case recites in effect that at their meeting in March,. 
1889, the electors of subdistrict number one voted a tax of two hundred 
dollars on themselves to purchase a site near the center of the subdistrict, 
remove the school-house, and procure a highway to the same. At their 
meeting March 17, 1890, the board voted to lay on the table a petition 
asking for immediate action. The county superintendent affirmed the 
action of the board. Heffern and Van Patter appeal. 

There is no doubt as to the facts in this case. The tax of two hundred 
dollars was voted, was levied by the supervisors, and part of it has been 
collected and is now in the hands of the district treasurer. In such a 
case there is no provision of law by which the board may be excused 
from expending the money for the purposes for which it was levied.. 
This duty is not discretionary but mandatory. The board, however, are 
entitled to a reasonable length of time, and may use their discretion as 
to the best and most economical way of expending the money provided 
they regard strictly the purpose for which it was raised. It does not 
appear that the board in laying the petition upon the table were actuated 
by any desire to delay action unreasonably or to defeat the wishes of the 
electors. The board have also large discretionary powers when deter- 
mining the location of a highway. 

We are disposed after a careful consideration of this case to remand 
it to the county superintendent, to be by her remanded to the board 



SCHOOL LAW DECISI0:NS. ]29 

"with instructions that they proceed at the earliest date possible to carry 
out in good faith the wishes of the electors of subdistrict number one. 
If they fail to do tliis the most speedy remedy for any one aggrieved is 
an application to the court for a writ compelling the directors to act. 

Affirmed and Eemanded. 
HENRY SABIN, 
March 24. 1891. Superintendent of Public Instruction, 



W ATKINS, ElCHIE, et ol. V. INDEPENDENT DiSTKICT OF EmPIKE. 

Appeal from Marion County. 

Appeal. The action of two boards upon a subject over which they have divided 
control constitutes a concurrent action, and appeal may be taken only from 
the order of the board taking action last. 

The aifidavit upon which this appeal is brought to this department re- 
cites in effect that the appellants are aggrieved by the decision of the 
county superintendent, reversing the action of the board of the independ- 
ent district of Empire and attaching certain territory described as the 
northeast quarter of the southeast quarter of section 25 to the independ- 
ent district of Highland for school purposes. 

The transcript shows that upon the petition of Isham Watkins, the di- 
rectors of the independent district of Highland acceded to the transfer 
of said forty acres, but that the directors of the independent district of 
Empire refused to concur. It is granted that in this case the county 
superintendent has only appellate jurisdiction, and that said officer can 
only affirm or reverse a concurrent action. 

The only remaining point in the argument of counsel for the independ- 
ent district of Empire is, that as there was no agreement of the two 
boards there was no action and consequently the county superintendent 
had no jurisdiction. It is held that a concurrent action is one in which 
the action of two boards is necessary in order to determine the question 
at issue. In this case the question to be determined was the transfer of 
certain territorry from the independent district of Empire to the inde- 
pendent district of Highland. The independent district of Highland 
voted to annex the territory to their district. The independent district 
of Empire refused to concur and the action as far as the two districts 
were concerned was completed. 

•It. was plainly such an action as is contemplated under section 1829 in 
defining the right of appeal. See Dayton v- District Tovmship of Cedar, 

9 



130 SCHOOL LAW DECISIONS. 

page 58, School Law Decisions of 1888, also Waltoji v. Independent Dis- 
trict of Osage^ page 158, School Law Decisions of 1876. It cannot be 
held in the case at bar, that the county superintendent did what neither 
board had power to do, in ordering the territory in question to be trans- 
ferred. She simply on appeal corrected what she deemed to be an error 
of discretion on the part of the board completing the action, and in this 
she did not exceed her jurisdiction. The decisions of this department 
have invariably upheld this view of such cases. 

We think the board of Empire district in refusing to concur com- 
mitted an error sufficient to justify the county superintendent in revers- 
ing them. The decision of the county superintendent is 

Affirmed. 
HENRY SABIN, 

March 27, 1891. Superintendent of Public Instruction. 



Eltsha and Elda Tanner v. Independent District of Clarence. 
Appeal from Cedar County. 

1. Affidavit. A technical error ia the affidavit not prejudicial to either party 

will not defeat the appeal, 
a. School Privileges. The law is to be construed in the interest of the child. 

The actual residence of the scholar at the time will establish the fright to 

attend school free of tuition. 

The directors of the independent district of Clarence excluded Elda 
Tanner from school until such time as her tuition is paid, on the ground 
that she is a non-resident pupil. The county superintendent on appeal 
reversed the action of the board and appeal was taken to the superin- 
tendent of public instruction. It was claimed before the county super- 
intendent that inasmuch as the affidavit upon which the appeal was based 
was without the seal of the notary public, that there were no grounds 
upon which the appeal could be legally based. While it is true that the 
notarial seal is necessary to constitute an affidavit, in this case the notary 
public was present at the time of trial and under oath testified that the 
omission of the seal was only an oversight on his part, and that the per- 
sons therein designated did make oath to the paper and affix their signa- 
tures to it in his presence, then he also there affixed the notarial seal. It 
is held that since no interests were prejudiced by the error which at the 
best was only technical, that the county superintendent did not commit 
an error in overruling the motion to dismiss the case. 

The allegation of facts made by Elda Tanner are that she is sixteen 
years of age, that her father and mother have parted, and that for ten 



SCHOOL LAW DECISIONS. 131 

years or more she made her home in the family of Mrs. McCartney in Mas- 
silon township. Before she came to Clarence she had an understanding 
with her father that she was to care for herself thereafter. She also claims 
that being thus emancipated from her father's control, she chose to be- 
come a resident of Clarence, and as an actual resident of that school 
district is entitled to the privileges of school under the provisions of 
section 1794. 

It is of interest to ascertain how far such an agreement constitutes 
emancipation of a minor child. It is held in 1 Iowa, 356, that in the 
absence of statutory requirements such emancipation need not be evi- 
denced by any formal or record act, but may be proved like any other 
fact. The evidence of Elda Tanner in this case is corroborated by that of 
her father, and of Mrs. McCartney who was present during the conver- 
sation. We are disposed to hold that Elda Tanner under the facts as 
sworn to before the county superintendent was at liberty to choose such 
a place of residence as seemed to her most fitting. What constitutes an 
actual residence for school purposes? The provisions of the statute say 
that it is to be considered without regard to time of acquiring such 
residence, whether before or after enumeration, and regardless 
of the residence of the parents. The evident and beneficent intent of 
the law is that no child shall be deprived of school privileges. The 
father of a family may move into the district from an adjoining state, 
and although certain time must elapse before he is entitled to vote he 
may place his children in school the very day he arrives. In the same 
spirit it has been held that children living in families in which their work 
compensates for their board, are actual residents and are entitled to 
school privileges. The law is to be construed in their interests. The 
district is entitled to have such children enumerated, if they are thus 
actual residents at the time the school census is taken. We do not 
undertake to decide that parents or guardians can transfer children from 
one district to another for school purposes alone, but only that those who 
are actual residents under the provisions of the law may attend school 
without the payment of tuition. While it is true in general that the res- 
idence of a child is the same as that of the parents or guardian, the law 
evidently contemplates exceptions to this general rule and leaves the 
right to attend school to be established by the actual residence of the 
child. Any other construction would not be in accordance with the 
spirit of the law, and would deprive many children of the right to 
attend the public schools. 

In this case the question of residence is largely one of intent. The 
testimony of Elda Tanner is to the effect that she was at the time of at- 
tendance an actual resident of Clarence, and had no other place of resi- 



132 SCHOOL LAW DECISIONS. 

dence. It was competent for the board to disprove this, but we cannot 
find that the testimony to that effect is conchisive. 

It is held that the board erred in excluding Elda Tanner from school 
and the decision of the county superintendent is 

Affirmed. 
HENRY SABIN, 
April 24, 1891. Superintendent of Pitblic Instruction. 



J. C, Reed et al., v. District Township of Eagle. 
Appeal from Sioux County. 

1. SuBDiSTRiCTS: Form of. The board should be encouraged in forecasting a. 
general plan looking toward an ultimate regularity in the form of subdistricts . 

2. SCHOOL-HousE: Power to build. There is no limitation in law as to the num- 
ber of scholars to be accommodated, in order that the board may provide a 
school-house. 

The above named district township coincides with a congressional 
township and consists of a single subdistrict. Portions of the district 
are yet sparsely settled. The board seem to have projected a plan to sO' 
locate school-houses when they must be supplied, that ultimately the town- 
ship shall have nine subdistricts each of four sections. 

On the 16th of March the board ordered a school-house built at the 
center of the square of four sections in the southeastern corner of the 
township. From this action J. C. Reed appealed to the county super- 
intendent who affirmed the order of the board. From this decision Mr, 
Reed appeals. 

It was urged before the county superintendent that the board were 
prevented by the law from building a school-house for the accommoda- 
tion of a less number than fifteen of school age. The question now to 
be determined is whether the county superintendent erred in affirming 
the order of the board. 

The board seemed to have outlined a policy of regarding each four 
sections as a separate division, to be provided with school advantages 
by itself. So far as forecasting the probable form of subdistricts to be 
created in the future, we think the board might be guided in the location 
of school-houses at the present time by such policy in order that ulti- 
mately each subdistrict will have the form desired and each school-house 
will be located so as best to accommodate all patrons. 

But while matters are in this progressive condition, we think the law 
does not confer power upon the board to apply the limitations of section 
1725, and decide that until fifteen of school age are to be accommodated 



SCHOOL LAW DECISIONS. 133 

by the school-house to be built no house may be erected. In this case 
for instance there is but one single subdistrict. The board may create 
other subdistrictc; provided fifteen of school age are included within the 
boundaries of each one so formed. But the board are not prevented 
irom building more than one school-house in any subdistrict. See 69 
Iowa, 533. In the absence of specific instructions in connection with 
the voting of the taxes by the electors, the board are empowered to lo- 
cate sites when in their judgment a school-house seems to be most de- 
manded. 

We are unable to find from the evidence any reason to disturb the 
finding of the county superintendent and his decision is therefore 

Affikmbd. 
HENRY SABIN, 

July 3, 1891. Siipeinntendeoit of Puhlic Listruction. 



J. H. BuRDicK et al. v. Distbict Township of Bkitt. 
Appeal from Hancock County. 

Independent District: Organization of . In fixing boundaries the general wel- 
fare must be regarded. Besides the town itself, only such territory should be 
embraced as will add to the usefulness of the new district, and not deprive any 
large number of adequate school privileges. 

The incorporated town of Britt includes the entire civil township, ex- 
cepting sections 1, 2, 3, 10, 11, 12, 13, 14, 15, the E. half of 4 and 9, and 
the N. half of 22, 23 and 24. In March, 1891, a petition was presented 
to the board asking for the formation of an independent district. The 
petition was granted and the board proceeded under section 1801 to per- 
fect the organization. It is evident from the transcript of the secretary 
that the board took unusual care to comply with the requirements of the 
law in every particular. They also fixed the boundaries of the proposed 
independent district of Britt to include the entire township of Britt, and 
the north half of the north tier of sections in the adjoining township of 
Erin. Appeal was taken to the county superintendent as provided for 
in section 1829, and that otiicer reversed the action of the board. Appeal 
was then taken to the superintendent of public instruction. 

Section 1806 provides that independent districts shall be governed by 
the laws enacted for the regulation of district townships, as far as the 
same may be applicable. It must be held under any fair construction of 
language that it is not the intention of the law to deprive the inhabi- 
tants of independent districts of the right of appeal. It must also be 
held in accordance with the usual practice that the appellants had a right 



134: SCHOOL LAW DECISIONS. 

to amend their appeal as they did. The county superintendent did not 
err in refusing to dismiss the case for these reasons. 

The independent district of Britt if formed must include all the terri- 
tory within the limits of the incorporated town. See section 1, of chap- 
ter 118, laws of 1882. The board could not fix upon less territory, and 
they might include more. See section 1801. 

The only question then is, did the board err in including so much ter- 
ritory contiguous as to make the new district unwieldy, and thus to lessen 
in some degree the school privileges of a number of pupils, and to prac- 
tically deprive the people of certain portions of the territory of the right 
to manage their own school affairs. 

It is plain from an inspection of the plat submitted in evidence that 
the territory taken from Erin township will be better accommodated 
with school privileges if connected with the independent district of 
Britt as a part thereof. 

It does seem however that the portion of the township of Britt lying 
outside of the incorporated town of Britt, should for the present be left 
as a district township as provided in section 1809. Under the same sec- 
tion the boundary lines between these two districts can be changed at 
any time by the concurrent action of the two boards, so as to include 
any or all of this territory in the independent district. It is therefore 
ordered that the independent district of Britt be constituted to contain 
the incorporated town of Britt, together with the N. half of sections 1,, 

2, 3, 4, 5, and 6, of Erin township. 

Modified and Affirmed. 

HENBY SABIN, 

August 7, 1891. Stiperintendent of Ptiblic Instruction. 



J. H. BuRDicK etal. v. Districp Townshep of Britt. 
Appeal from Hancock County. 
On Motion for a Rehearing. 

Rehearing. A new trial should be refused unless cogent reasons are produced, 
causing doubts to arise as to whether the merits of the case were fully and 
fairly set forth at the former hearing. The reasons urged must present a 
strong pi'obability that a modification of the previous decision might be found 
to be desirable. 

It is urged by the attorney for the appellant that in the carrying out 
of our decision made August 7, by which the finding of the county super- 
intendent was so modified as to fix other boundaries for the contem- 
plated independent district of Britt than those ordered by the board, car- 



SCHOOL LAW DECISIONS. 135 

tain difficulties will be met. It is also claimed that a decision may be 
made that will avoid any legal obstacle to the same conclusion sought by 
the' decision already given. The form of such new decision is suggested 
in the application for rehearing. 

With due respect to the counsel we must state that the implication 
that we were not fully apprised of the bearing of the entire law and of 
the many impediments to be encountered in the creation of independent 
districts is not founded in fact. All the points raised by counsel, and 
many others, have been fully within the knowledge of this tribunal and 
we have endeavored to expedite matters to the fullest degree within our 
power. If the ends of justice are not met the fault lies with those giving 
cause for the appeal. 

If the independent district of Britt could organize as suggested, the 
new civil township could be created only under great difficulty. See 
section 1799. In no case could this be done before the next general 
election, and the new district township could not be formed until next 
March. See sections 1810 and 1715. In the meantime taxes would be 
levied and school facilities provided by the independent district of Britt. 
When the territory set off was duly organized as a new district a division 
of assets and liabilities would have to be made. 

It is plain that if our decision were modified as asked, the result would 
be to involve the territory in controversy unnecessarily, to add to the 
county records, to bring upon those living outside the incorporation un- 
called for worry and delay, and all to their disadvantage. We cannot 
find warrant for imposing such burdens upon them. 

For the reasons named we are compelled to refuse to grant a rehear- 
ing. 

HENKY SABIN, 

August 15, 1891. Superintendent of Public Instruction. 



E. A. Sheafe v. Independent Distkict of Center, Center Township, 
Appeal from* Wapello County. 

1 > Teacher. As an employe of the district the teacher may justly claim and ex- 
pect to receive, the official assistance and advice of the board. 

3. . Section 1734 insures the teacher a fair and impartial trial, before he 

may be discharged. 

The history of this case presents nothing unusual. The directors voted 
to discharge the teacher upon certain preferred charges. The teacher 
appealed to the county superintendent who reversed the action of the 
board. The directors now appeal. 

Section 1757 sets forth plainly the nature of the contract which is the 
evidence of agreement between the directors acting for the district as one 



136 SCHOOL LAW DECISIONS. 

party, and the teacher as the other party. Section 1734 prescribes the 
only method by which the directors may terminate the contract in advance 
or discharge the teacher. Both parties are equally bound by this con- 
tract, and as the board is a continuous body the election of an entire new 
board does not change the relations of the contracting parties. But in- 
asmuch as the directors also act as judges whose duty it is to decide 
whether the contract shall be terminated, being themselves parties to the 
contract it becomes them to weigh the evidence in the case with the 
greatest care and to give the teacher the benefit of any reasonable doubt. 
In the present case the forms of the law were complied with, and the 
teacher was permitted to be present and make his defense. 

The transcript sent up by the county superintendent shows that one of 
the complaints upon which the teacher was tried, was signed by Jacob 
Ream, who also is one of the directors and acted as one of the judges in 
the case. This is strong presumptive evidence of prejudice on the part 
of one of the judges at least, and this evidence is strengthened by the 
fact that Jacob Ream is the father of John Ream whose punishment is 
made a matter of complaint. It is further strengthened by the fact 
brought out in the evidence, that the present board were elected for the 
purpose and with the intent of displacing the teacher. The law is very 
careful to guard the rights of the teacher and to insure him a fair trial. 
That certainly can not be considered a fair trial in the eyes of the law, 
in which one of the judges who is to give his vote for acquittal or con- 
viction is a complainant in the case and is as ready to pronounce the 
verdict before he hears the testimony as afterward. 

The board invited the teacher to resign at their first meeting, and upon 
his refusal they proceeded at once to take steps to discharge him. Under 
-certain circumstances this might be right, when necessary to relieve the 
school from a teacher proved to be incompetent or immoral. But gen- 
eral dissatisfaction as alleged in the petition or the desire to hire a lady 
teacher for the summer term, or to lessen the expenses of the district, 
can not be held to form any reason for discharging the teacher. The 
alleged punishment of the two boys is not proved in either case to have 
been unreasonably severe, to have been inflicted in a passion, or to have 
resulted in any permanent injury. These punishments happened some 
weeks before and if worthy of notice complaint should have been made 
to the old board. 

It does not appear necessary to enter any further into the merits of 
this case. It is held that no error was committed in reversing the action 
of the board and the decision of the county superixitendent is therefore 

Affirmed. 
HENRY SABIN, 

OctolJer 20, 1891. Superintendent of Public Instruction. 



SCHOOL LAW DECISIONS. 137 



L. GoFF V. Independent District of Dallas. 

Appeal from Marion County. 

1. Board of Directors. The board must endeavor to determiae the actual in- 
tention of the electors, and to carry out their expressed wishes . 

2. Remanding of Cases. Unless the transcript indicates clearly the manner in 
which the board understand the expression of the electors, an appellate tri- 
bunal on the trial will be compelled to remand the case to the board for a 
more definite action. ^ 

3. Mandamus. The surest method to secure the performance of a mandatory 
duty is application to a coui't for a writ of mandamus. 

At a meeting- held Auojust 12-13, 1891, the board voted in effect to sell 
the site at present occupied for school-house purposes in or adjoining the 
village of Dallas, and to build two school buildings one to be located at a 
site about one mile east of said village of Dallas, and another about twenty 
rods west of S. E. corner of section 2. Appeal was taken to the county 
superintendent, who affirmed the action of the board in locating the site 
in the west part of the district, but reversed their action in regard to the 
location east of the village of Dallas. Appeal was then taken to the 
superintendent of public instruction. 

It is difficult to determine from the transcript sent up with this case, 
what were the intentions of the electors regarding the matter of a new 
school-house, as expressed at the district meeting, March 9, 1891. The 
secretary's records show that the motion to erect a school-house at each 
end of the district was voted down, as was also a motion to repair the 
old school-house or to sell that and build a new one with two rooms. 

The vote to raise a tax for the purpose of building a school-house was 
declared carried, but the records do not show the amount to be raised by 
said tax, nor is there anything to show what amount if any was certified 
up to the board of supervisors. On the 20th of April the board voted 
that $1,500 was necessary for the erection of two school-houses, and on 
the 2nd of May the electors voted bonds to that amount for school-house 
purposes. There is nothing to show what form of ballots was used, or 
what was the intention of the electors in voting the bonds. When the 
intention of the electors in voting money for school-house purposes is 
clearly known, it is the duty of the directors to proceed in accordance 
therewith. 

We therefore deem it best to remand the case to the county superin- 
tendent, with instructions to remand it to the board in order that they 
may ascertain what was the intention of the electors and that they attempt 



138 SCHOOL LAW DECISIONS, 

in good faith to carry it out. If they fail to do this, the surest remedy 
is an application to the court for a writ compelling them to carry out the 
intention of the electors. 

Remanded. 
HENEY SABIN, 
December 23, 1891. Superintendent of Public Instmiction, 



C. A. Webster v. Independent District Number Seven, Burr Oak 

Township. 

Appeal from Winneshieh Coiinty. 

1. Discretionary Acts. To warrant interference with a discretionary act, 
abuse of discretion must be proved beyond a reasonable doubt. 

3, . It is not tlie province of an appeal to discover and correct a slight 

mistake. The board alone must bear any blame that may attach to a choice 
deemed by appellants somewhat undesirable, but not an unwise selection to 
such a degree as to indicate an abuse of the discretion ordinarily exercised. 

On the od day of October, 1S91, the board relocated the school-house 
site. Appeal was taken to the county superintendent, who reversed the 
action of the board which ordered the house removed to the new loca- 
tion. From this decision John Knox president of the board appeals. 

The proceedings in this case are entirely regular. It is not claimed 
that there was any direct violation of law, nor that prejudice or improper 
motives in the least influenced the action of the board. The very com- 
mon complaint that the discretion vested in the board by the law had 
been abused was virtually the only error urged. 

The only question for us to determine is the single one as to whether 
the county superintendent was warranted in setting aside the order of 
the board. Unless the evidence clearly sustains his conclusions we 
shall be compelled to reverse his decision. But if the evidence shows 
plainly a gross abuse of discretion on the part of the board, then we 
must aflirm. 

Where an abuse of the large discretion vested in the board is urged, to 
warrant interference by an appellate tribunal such abuse must be proved 
conclusively. The testimony must disclose so fully the nature of the 
unwarranted action as to leave no reasonable doubt. The acts of a 
board must be presumed to be correct, and they are entitled to the benefit 
of every doubt. Unless it is fully apparent that the discretionary power 
of the board has been abused to such an extent as to render interference 
necessary, it is the duty of the county superintendent to allow the act of 



SCHOOL LAW DECISIONS. 13^ 

the board to stand, although he may differ from the board very strongly 
as to the desirability of the order in question. In this connection, atten- 
tion is called to appeal decisions found on pages 3.5, 82, 90, 100 and 135, 
School Law Decisions of 1888. 

In this case while the testimony sliows that the removal to the site 
selected will bring the school-house quite a distance south of the center 
of the district, it is not in evidence that a suitable site might have been 
found nearer the center. It must be presumed that the board carefully 
weighed all the reasons in favor of and against the site chosen, and alsO' 
that they endeavored to find the best site. The evidence is by no means 
conclusive that they did not select the best site obtainable. If in the 
opinion of the people an error has been made, it rests with the electors- 
to choose a board favoring another location. 

It is with reluctance that we reverse the decision of the county super- 
intendent. There can be no question that he intended to seek substan- 
tial justice for the people of the district. 

This decision does not prevent the board, if thought desirable to do- 
so, from reconsidering the action by which the new site was chosen and 
selecting a different site. 

But we can not find that the evidence supports the county superin- 
tendent in overruling the order made by the board and his decision i® 

therefore 

Rbveksed. 

J. B. KNOEPFLER, 

February 26, 1892. Sitperintendent of PiMic Instruction. 



R. G. W. FoKSYTHE V. Indepei^dent District of Kirkville . 

Appeal from Wapello County. 

1 , Appeal. Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board concur- 
ring or refusing to concur, but not from the order of the board taking action 

first. 

3. Territory. All territory must be contiguous to the district to which it be- 
longs. 

3. Jurisdiction. In change of boundaries by two boards, an appellate tribunal 
acquires only the same power possessed by the board from whose action appeal 
is taken, and may do no more than to affirm the order, or to reverse and dO' 
what the board refused to do. 

The board of the above named district refused to concur in the action 
of the board of the district township of Richland, offering to transfer cer- 
tain territory to the independent district. Mr. Forsythe, desiring the 



140 SCHOOL LAW DECISIONS. 

transfer, appealed to the county superintendent, who reversed the action 
of the board and ordered the transfer of the territory under consideration 
by the two boards, with the exception of the N. W. quarter of the S. W. 
quarter of section 18, which the county superintendent directed should 
remain a part of the district township of Kichland, and also ordered the 
transfer of the N. W. quarter of the N. W. quarter of section 18, which 
would otherwise be cut off from the district township to which it belongs. 
From this decision L. Jones, president of the board of the independent 
district of Kirkville, appeals. 

This case turns on tlie power of the county superintendent to modify 
the order appealed from in the manner done by him. It is true that 
even if the board of the independent district of Kirkville had concurred 
in the transfer of the territory released by the other board, such order 
would not have been in conformity with the spirit of the law, because 
forty acres would then be left belonging to the district township of Rich- 
land and not contiguous to the remainder of the district. The county 
superintendent was led to conclude that the forty acres in question should 
be transferred, if any change of boundaries was made. But could thie 
county superintendent so determine in this appeal? We think not. The 
board of the independent district might concur or refuse to concur. They 
might refuse to concur, and initiate a new proposition which the board 
•of the district township could act upon, when appeal would then lie from 
the last action. But an attempt to change the order originally made 
would render it necessary to have such new action considered by the 
other board, before becoming effective, or even in order that the action 
could be brought within the power of the county superintendent to con- 
sider on appeal. For in a case of this kind no matter can come into the 
case on appeal, unless the second board, the one last acting, concurs or 
refuses to concur in the order initiated or proposed by the board first 
taking action. 

It follows then that the county superintendent having only appellate 
jurisdiction, could not assume original jurisdiction and do what the 
board from whose action the appeal was taken could not have done. See 
Dobhins and Briggs v. Bistrict Tovmshij) of SaUm, page 24, School Law 
Decisions of 1888. Therefore we are compelled to hold that the county 
superintendent did not have the power to decide that the N. W. quarter 
of the N. W. quarter of section 18 should be transferred. 

A careful investigation of the transcript leads us to believe that per- 
liaps such a change of the boundaries as would transfer the residence of 
Mr. Forsythe to the independent district, might be desirable. Of course 
such transfer would include entire forties of land, and no territory could 
be separated from the district to which it should belong. Whether any 
•change is best, must be determined by the boards interested, the action 



SCHOOL LAW DECISIONS. 141 

of the board last acting being subject to correction on appeal. In order 
that the matter may come again without prejudice to the attention of the 
boards, the decision of the county superintendent is reversed and the 
case remanded to him to be reopened and heard again. We think he 
will be compelled by necessity to affirm the decision of the board of the 
independent district of Kirkville, in refusing to concur in the transfer 
proposed by the district township. This will leave all matters as nearly 
as possible in the same condition they were before any action was taken. 
It will then be in order for either board at any time to initiate such a 
change of boundaries as may seem demanded. There is no absolute 
necessity for a petition or request. A petition may be used to bring to 
the attention of the board the kind of action desired by the petitioners, 
but a board may act with equal directness without such request. 

Reversed and Remanded. 
J. B. KNOEPFLER, 
April 6, 1892. Super Intendeiit of PiMic Instruction. 



C. F. Scheppele v. Independent District of Stone Hill. 

Appeal from Dubuqiie County. 

1. Appeal; Rehearing of. la refusing a rehearing, or in granting the same, 
unless the discretion of the county superintendent was unjustly exercised, his 
decision niust be affirmed, on appeal. 

2. : . To warrant another trial, material reasons must appear, to 

prove that a second hearing is desirable. 

3. : . The presumption that the ti'ial was regular and the proceed- 
ings full and complete, must be ovei'come by the reasons urged for the rehear- 
ing. 

The county superintendent refused to grant a rehearing in this case. 
The affidavit of appeal from his decision of refusal alleges a large number 
of errors urged as having been made in thus refusing to allow a new trial. 
It is obvious that we are to determine only a single question. In refusing 
a rehearing, did the county superintendent err to such an extent as to 
warrant a reversal of his decision? 

The motion for a second trial must be addressed to the judgment and 
discretion of the officer to whom the motion is presented. In granting 
or refusing to grant such a request, the county superintendent has origi- 
nal jurisdiction and his conclusions must receive from us the same con- 
sideration on appeal which he himself is bound to give to the discretionary 
acts of the boards. If error conclusively appears, a discretionary act may 



142 SCHOOL LAW DECJSIONS. 

he set aside. But every reasonable doubt inures to the benefit of the 
party whose acts are questioned. 

In order that we may be warranted in reversing the decision of the 
county superintendent and remanding this case to him for a retrial, we 
must first be well satisfied that his discretion in refusing the rehearing 
was unjustly exercised. If he failed properly to appreciate the reasons 
urged, not giving full consideration to all existing facts within his 
knowledge, and without due examination arbitrarily refused the rehear- 
ing, then-the consideration merited by his discretionary act is correspond- 
ingly diminished. 

Having very carefully reviewed the testimony with reference to the 
iseveral points of error urged, and closely examined the many authori- 
ties and references cited b}^ counsel in the case, and other additional 
authorities, we are unable to find that the county superintendent erred in 
■refusing the motion for a rehearing. 

The real merits of the case seem to have been very clearly within full 
review at the trial of the appeal. Some trivial matters may have been 
■omitted, but in the main, the leading issues were clearly outlined. After 
due deliberation, the order of the board was affirmed, and decisive 
reasons given for such conclusion. 

Unless the county superintendent could bring himself to believe that 
another trial was best, he could not in justice to all concerned grant the 
motion in question. We do not find that the leading reasons urged were 
well supported. Although these leading reasons may not have been 
referred to frequently at the time of hearing, they were within the full 
knowledge of all the parties to the trial. We must presume that the fact 
of the nearness of the dairy and the boneyard, and the claim that the 
action of the board was influenced by private interests, were not disre- 
garded by the county superintendent in making up his mind as to his 
final, decision. 

It must be assumed that the board would not select a site clearly unfit 
for use. A location upon swampy ground would be manifestly an unsuit- 
able site. And the choice of a site so near any manufactory as to inter- 
fere unduly with the use of the school- house for school purposes, would 
be a palpable abuse of discretion. If any of these conditions actually 
exist in this case, as now urged in asking us to order a new trial, the • 
aggrieved parties had ample opportunities to bring convincing proof of 
such facts into their case at the time of its trial, and if they could have 
found such testimony and failed to do so, they were derelict to their own 
interests. But the evidence fails to disclose unsuitableness in any of these 
particulars, or to indicate that the county superintendent failed in any 
manner to give serious and respectful consideration to every reason for 



SCHOOL LAW DECISIONS. 143 

a new trial that was presented to bis notice. Kis action in refusing a 

rehearing is 

Affirmed. 

J. B. KNOEPFLEK 

May 23, 1892. Superiritendent of PaUic Instruction. 



INDEX TO APPEAL CASES. 



PAGE 

ADDITIONAL SCHOOL— 

It is the intention of section 1725 that an attendance of at least ten schol- 
ars may reasonably be expected 99 

AFFIDAVIT— 

The aflfidavit may be amended when such action is not prejudicial to the 
rights of any party interested 25 

An affidavit is a statement in writing, signed and made upon oath before 
an authorized magistrate 27 

The lack of an affidavit is sufficient ground to refuse a hearing 77 

APPEAL— 

The right of appeal is not limited to cases of personal grievance 22 

Mere technical objections should not prevent the fullest presentation of 
the merits of the case, in the trial of an appeal 25 

An appeal may be taken from the refusal of the county superintendent 
to investigate charges brought against a teacher 43 

Appeal may be taken from an action of the board which authorizes the 
making of a contract, but not from a subsequent action or oi'der com- 
plying with the terms of a contract previously made, nor from an 
action authorizing the issuance of an order in payment of a debt con- 
tracted by pi'evious action of the board 4G 

A case whose sole purpose is to determine the validity of an order on 
the district treasury, or the equity of a claim, cannot be entertained on 
appeal to the county superintendent; the coui'ts of law alone can fur- 
an adequate remedy 46 

Appeal will not be entertained from the action of the board in rescinding 
a previous illegal action 46 

The execution by the board of the vote of the electors upon matters 
within their control, is mandatory, from such action of the board no 
appeal can be taken. If such action is tainted with fraud, an applica- 
tion to a court of law is the proper remedy 55 

The right of appeal is confined to persons injuriously affected by the 
decision or order complained of. Ordinarily a person living in one 
subdistrict cannot appeal from an action of the board locating a site in 
another , 58 

The adoption of the committee's report in favor of retaining the old 
school-house site, is an action from which appeal may be taken 59 

Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal may be taken from the order of the board 
concurring or refusing to concur, but not from the order of the board 
taking action first 61 

Appeal may be taken from the action of the board in laying the subject- 
matter of a petition on the table ; . 63 

10 



146 INDEX. 

PAGE 

APFE A,L —Continued — 

May be taken by any resident elector of the district, aggrieved by an 
action of the board 80 

The failure to file the transcript within the time mentioned in the law 
will not invalidate the appeal 99 

An appeal will lie to determine conclusively whether the provisions of 
section 1797 have been complied with 117 

Will not lie to control the action of either boai'd or of the county super- 
intendent, under section 1793 118 

A decision may be modified upon proof that a change in its terms is 
desirable 120 

An appeal will not lie fi'om an order of a boai'd initiating a change in 
boundaries, where the concurrence of the board of an adjoining dis- 
trict is necessary to effect the change 120 

It is not intended that the superintendent of public instruction shall 
hear ah appeal case de novo. He is confined to the record of the case 
as heard before the county superintendent 126' 

It is not the purpose of an appeal to secure a decision as to which of 
two sites is preferable, or as to whether a better site might not have 
been found. If the site chosen is proved to be unsuitable, or an abuse 
of discretionary power is clearly shown, then the order of the board 
may be set aside, but not otherwise 136 

The action of two boards upon a subject over which they have divided 
control constitutes a concurrent action, and appeal may be taken only 
from the order of the board taking action last 129 

A technical error in the affidavit not prejudicial to either party will not 
defeat the appeal 130 

Where changes are effected in district boundaries by the concurrent 
action of two boards, appeal maybe taken from the order of the board 
concurring or refusing to concur, but not from the order of the board 

taking action first 139 

Rehearing of. In refusing a I'ehearing. or in granting the same, unless 
the discretion of the county superintendent was unjustly exercised, 
his decision must be affirmed, on appeal 141 

To warrant another trial, material reasons must appear, to pi'ove that a 
second hearing is desirable 141 

The presumption that the trial was regular and the proceedings full and 
complete, must be overcome by the reasons urged for the rehearing. . 141 
APPEAL DECISION— 

Essentials of. When the order of a board is reversed, the portions of the 
testimony relied upon should be pointed out and clear and convincing 

reasons should be given in suppoi't of the conclusion reached 22 

ARBITRATION— 

If the county superintendent is asked to arbitrate no appeal will lie 77 

ASSETS AND LIABILITIES— 

When an entire township is organized into independent districts, the 
settlement of assets and liabilities is made by the boards of the newly 
created independent districts , 110 



INDEX. 147 

ATTENDANCE— ^^^^ 

Every person between the ages of five and twenty-one years has the 
right to attend school in the district in which he resides, regardless of 
considerations relating to race, nationality, the holding of property, 

or the payment of taxes 53 

The payment of school taxes does not entitle noni-esidents to school 

privileges 53 

The board have authority to determine when, and upon what terms, 

nonresident pupils may attend the schools of their district 53 

BOARD OF DIRECTORS— 

The board should be sustained in all legitimate and reasonable measures 
to maintain order and discipline, to uphold the rightful authority of 
the teacher, and to prevent or suppress insubordination in the school. 49 
The board, though not bound by a vote of the electors directing the pre- 
cise location of a school-house site, are required to so locate it as to 

accommodate the people for whom designed 55 

If in the selection of a site the board violate law or abuse their discre- 
tionary power, their action may be reversed on appeal 55 

An illegal action may be corrected by application to a court for a writ 

of certiorari 55 

The action of the board cannot be reversed upon the allegations of 
appellant without proof, or by reason of failure of the board to make 

defense , 59 

The acts of the board are presumed to be regular, legal and just, and 
should be affirmed on appeal, unless proof is brought to show the 

contrary 59 

Discretionary acts of. The weight which propei'ly attaches to the discre- 
tionary actions of a tribunal vested with original jurisdiction, does not 

apply to the decisions of an inferior appellate tribunal 59 

The acts of a board must be presumed to be regular, and should be 
affirmed on appeal unless positive proof is brought to show the con- 
trary 64 

Discretionary power of. In the absence of proof that the board have 
abused the authority given them by the law, their orders will not be 
set aside, although another decision might to many seem preferable. . 96 
After such a decision as prevents any action of the board udtil some 
material change occurs, in order that the board may act anew changes 
of such a character as to obviate to a large extent the objections that 

previously existed, must have taken place 123 

The board must endeavor to determine the actual intention of the 

electors, and to carry out their expressed wishes 137 

BOUNDARIES— 

Must conform to congi-essional divisions of land 80 

CERTIFICATE- 

Bevocation of. The inability to govern is sufficient reason for withholding 

a certificate and for the revocation of the same 71 

A certificate which has expired by limitation cannot be revoked 71 

Refusal of. The county superintendent is his own judge as to how fully 

he will give the applicant reasons for the refusal of a certificate 115 

The county superintendent is charged with the responsibility^ of refusing 
to issue a certificate to any person unless fully satisfied that the appli- 
cant possesses the essential qualifications demanded of teachers by the 
law 115 



148 INDEX 

PAGE 

CHARGES- 

Must be clearly sustained by the evidence 84 

CLAIMS— 

Just claims against Ihe district can be enforced only in the courts of law 40 
CONDITIOISAL RULING— 

A county superintendent may make a conditional ruling, by which 

his own decision is governed 68 

CONTESTED ELECTION— 

Jurisdiction. The proper method of determining a contested election for 

school director is by an action brought in the district court 35 

CONTRACTS— 

All contracts require the approval of the board 40 

The district township is bound by the contract of the subdirector when 

made according to instructions of the board 45 

If a subdirector enter into a contract on behalf of the district, without 
authority of the board, he does so at his own risk; such contract is not 

binding upon the district unless approved by the board 45 

An appeal will not lie to enforce a contract 76 

COUNTY SUPERINTENDENT— 

May upon appeal create subdisti'ict 25 

Has no jurisdiction of an appeal until an affidavit is filed 27 

Should not revei'se an action of the board which is in accordance with 

instructions of the superintendent of public instruction 28 

A county superintendent may make a conditional ruling by which his 

own decision is governed 68 

Jurisdictitin of. The county superintendent is not limited to a reversal or 
affirmance of the action of the board, but he determines the same ques- 
tions which they had determined 68 

A county superintendent should not ask the state superintendent to 
decide a case on appeal for him, but may ask for an interpretation of 
law, either by the state superintendent, or through him, by the attorney- 
general 79 

DISCRETION— 

Abuse of. Is not established by evidence showing that a different action 
on the part of the board would have been preferred by the electors. . . 82 
DISCRETIONARY ACTS— 

The county superintendent having only appellate jurisdiction, should 
not reverse discretionary acts of the board, without explicit and clearly 
stated pi'oof of the abuse of such discretion, even though not fully 

approving their action 22 

May be reversed on appeal, but should not be disturbed except upon 

evidence of unjust exercise or abuse •. 27 

Since the board have original jurisdiction, their discretionary acts should 
not be interfered with by an appellate tribunal, although not agreeing 
with their judgment, unless they violated law, showed prejudice or 
malice, or abused their discretion in such manner as to require inter- 
ference 70 

Suggestions from the electors upon matters entirely within the control 
of the board will in no manner prevent the fullest exercise of the dis- 
cretion vested in the board by the law 75 



INDEX. 149 

PAGE 

DISCRETIONARY ACTS— Continued— 

Action by the board unduly delaying the final consideration of an im- 
portant matter, may be regaixled as an evidence of prejudice 100 

In the exercise of discretion, the benefit of every reasonable doubt must 

be given in favor of the coi'rectness of the otficial acts of the board 108 

May not be reversed unless the proof is conclusive. The board must 

bear any blame that may attach to an unwise or inexpedient action. . . Ill 
Unless a marked violation of the lai'ge discretion vested in the county 
superintendent is proved clearly and conclusively, his action in refus- 
ing or revoking a cei'tificate will not be interfered with on appeal. . . . IK 
The appellate tribunal is to decide only whether the action complained 
of in the affidavit of appeal is proved to be of such a nature as to 

compel a reversal of such action 126 

To w^arrant interference with a discretionary act, abuse of discretion 

must be proved beyond a reasonable doubt. 138 

It is not the province of an appeal to discover and correct a slight mis- 
take. The board alone must bear any blame that may attach to a 
choice deemed by appellants somewhat undesirable, but not an unwise 
selection to such a degree as to indicate an abuse of the discretion 

ordinarily exercised 138 

DISTRICT BOUNDARIES— 

In the determination of district and subdistrict boundaries, temporary 
expenditures and individual convenience should be subordinated to the 
more important considerations relating to simplicity of outline, com- 
pactness of shape, uniformity of size, and permanence of sites and 

boundaries 61 

DISTRICT ORGANIZATION— 

Validity of. The county superintendent has no jurisdiction to determine 

the validity of district organization 82 

DISTRICT TOWNSHIP— 

Should not ordinarily contain more than nine subdistricts 28 

ELECTION— 

Evidence of. The certificate of the officers of the annual subdistrict meet- 
ing is the legal evidence of election as subdirector, and as a general 
rule a board of directors is justified in declining to recognize a person 

as a member of the board until he produces such certificate 35 

EVIDENCE— 

Where the law requires the evidence of a transaction to be in writing, 
oral evidence can be substituted for it only when the writing cannot 

be produced 35 

To establish malice or prejudice on the part of the board, positive evi- 
dence must be introduced "^^ 

EXPLANATORY NOTES— 

Force of. Notes to the school law, while proper aids to school officers, 
have not the binding force of law, and a noncompliance with them is 

not necessarily a violation of law ~0 

HIGHWAY— 

It is important that a school-house site be located on a public road, and 
as near the center of the subdistrict as practicable 39 



150 INDEX. 

INDEPENDENT DISTRICT— ^^^^ 
Organization of. In establishing the boundaries of a contemplated inde- 
pendent district under section 1801, the board should include with 
the town such contiguous tei'ritory as may best subserve the conven- 
ience of the people for school purposes 113; 

Organization of. In fixing boundaries the general welfare must be re- 
garded. Besides the town itself, only such territory should be em- 
braced as will add to the usefulness of the new district, and not 

deprive any large number of adequate school privileges 133: 

JANITORIAL SERVICES— 

If a teacher serves as janitor in sweeping the room and building tires, 

he should be i^aid from the contingent fund for such services 7t> 

JURISDICTION— 

An application for an appeal filed within thirty days from the act of the 
board complained of will not give the county superintendent juris- 
diction of the case. The appeal must be taken by affidavit 37 

The county superintendent does not have jurisdiction of cases involving 

a money demand 3§ 

In most matters with which boards have to do under the law, their 
authority and responsibility are absolute, and their jurisdiction is 

complete and exclusive 108 

A former order of the board, or a decision of the county superintendent 
on appeal, will not operate to prevent the board from exercising their 

discretion anew, when good reasons exist for such action 108 

The jurisdiction of an appellate tribunal is not greater than that of the 

board from whose action the appeal is taken , . 120 

In change of boundaries by two boards, an appellate ti'ibunal acquires 
only the same power possessed by the board from whose action appeal 
is taken, and may do no more than to affirm the order, or to reverse 

and do what the board refused to do 1,3<^ 

LOCATION— 

May be less than forty rods of a dwelling when obtained by purchase.. . 8(> 
MANDAMUS— 

To compel the performance of an official duty not involving the exer- 
cise of discretion, a writ of mandamus is a speedy remedy lOO 

To compel the performance of an official duty, appeal sometimes con- 
sumes valuable time. Mandamus is often a more speedy as well as a 

better remedy 128 

The sui'est method to stcure the performance of a mandatorj^ duty is 

application to a court for a writ of mandamus 137 

NEW EVIDENCE— 

New evidence can be introduced only when the facts materially affect- 
ing the case could not have been known before the trial 66 

NOTICE— 

The county superintendent should not issue notice of final hearing until 
both the affidavit and the transcript of the district secretary have been 

filed in his office 27 

The appearance of a party at the hearing is a complete waiver of notice. 61 
When leading parties in the case sign an agreement waiving notice, 
neither side can afterward object to such proceedings as being irregu- 
lar , 113 



INDEX. 151 

PAGE 

proceedings- 
Id the absence of pi'oof to the contrary, the legal presumption is that 
the proceedings before the county superintendent were entirely regular. 20 

The regularity of all the proceedings will be presumed upon. This is 
true in an especial sense when the records are more than usually full 

and complete .' 123 

PUNISHMENT— 

The punishment of a pupil with undue severity, or Avith an improper in- 
strument, is unwarrantable, and may serve in some degree, to indi- 
cate the animus of the teacher 48 

In applying correction, the teacher must exei'cise sound discretion and 
judgment and should choose a kind of punishment adapted not only 
to the offense, but to the offender 48 

Right to injiict upon ympUs. The right of the parent to restrain and 
coerce obedience in children applies equally to the teacher, or to any 
one who acts in loco parentis 49 

The use of the rod is allowable as a last resort 71 

QUO WARRANTO— 

The only proper means of affirming the right to exercise the privileges 
of an office, or to contest the illegal exercise of the same, is set forth 

in sections 3845-3353 67 

RECORDS— 

The official record is its own best evidence. Testimony intended to con- 
tradict the recoi-d should not be admitted 28 

In the absence of the allegation of fraud, testimony to contradict or im- 
peach the records of the district cannot be received 31 

The board may at any time amend the record of the district, when nec- 
essary to correct mistakes or supply omissions. And may upon proper 
showing be compelled by mandamus to make such (Corrections 31 

The record of the secretary must be considered as evidence, unless there 
is proof of fraud or falsehood 73 

The record of the secx'etary shall be considered as evidence, and cannot 
be invalidated by parol evidence unless there is proof of fraud or false- 
hood 78 

Impeachment of. Recoi*ds not made and certiffed to by the proper officers 
as required by law are defective and may be impeached by collateral 

evidence • 84 

REHEARING- 

To justify the granting of a new trial, a reasonable doubt must arise in 
the mind of the officer to whom application is made, as to the absolute 
coi'rectness of his former conclusions 103 

To warrant a rehearing, some valid reason must be urged 105 

To obtain a rehearing the necessity must be clearly shown 108 

A new trial should be refused unless cogent reasons are produced, caus- 
ing doubts to arise as to whether the merits of the case were fully and 
fairly set forth at the former hearing. The reasons urged must pre- 
sent a strong probability that a modification of the previous decision 

might be found to be desirable 134 

REMANDING OF CASES- 

When the evidence discloses that the action of the board was an unwise 
one, and the facts are not sufficiently shown to determine what should 
be done, the case should be remanded to the board 66 



152 INDEX. 

PAGE 

REMANDING OF CASES— Continued— 

Unless the transcript indicates clearlj- the manner in which the board 
understand the expression of the electors, an appellate tribunal on the 
trial will be compelled to remand the case to the boai'd for a more 

definite action 137 

REVOCATION OF TEACHER'S CERTIFICATE— 

The order of a county superintendent revoking a certificate will not 
be interfered with on appeal unless it appears that he acted from 
passion or prejudice 17 

Opinions unsupported by facts cannot be received as satisfactory evi- 
dence of prejudice 17 

A teacher's certificate can be legally revoked only upon proof of charges 
of which he has had pei'sonal notice, and against which he has had the 
opportunity to make his defense 41 

A person addicted to the. use of intoxicating liquors who even occasion- 
ally becomes intoxicated is not likely to promote correct moral teach- 
ing in the public schools by his example, nor to possess such moral 
character as to entitle him to a teacher's certificate 41 

The county superintendent may refuse to entertain a petition for the 

revocation of a teacher's certificate 43 

RULES AND REGULATIONS— 

The power to prescribe rules and regulations for the government of the 
board is not a function of the electors 45 

A rule adopted by the board, and not a provision of law, may be modi- 
fied at the option of the board 45 

Boards of directors and their agents, the teachers, may establish reason- 
able rules for the government of schools and the control of pupils. . . 49 

The teacher has the right toi'equire the pupil to answer questions which 
tend to elicit facts concerning his conduct in school 49 

The pupil is answerable for acts which tend to produce merriment in the 
school or to degrade the teacher 49 

Open violation of the rules of the school cannot be shielded from inves 
tigation under the plea that it invades the rights of conscience 49 

In establishing and enforcing regulations for the government of schol- 
ars, the board have a large discretion 91 

SALARY OF TEACHERS— 

The salary of teachers should be in proportion to their ability and 
responsibility, and not equal when these circumstances differ mate- 
rially 73 

The control of salaries is wholly within the power of the board and can- 
not be determined by an appeal, because it is not within the jurisdic- 
tion of county or state superintendent to order the payment of money 73 
SCHOOL FUNDS— 

Disbursement of. The treasurer is the proper custodian of all funds, and 
can legally pay them out only upon orders specifying the fund upon 
which they are drawn and the specific use to which they are applied. 40 
SCHOOL-HOUSE— 

Removal of. A vote of the electors of a subdistrict to remove a school- 
house will not compel the board to act aftirmatively in relation thereto. 37 



INDEX. 153 

PAGE 

8CH00L-H0USE— Continued— 

Removal of. The board may legally remove a school-house from one sub- 
district to another only by vote of the electors 43 

When the electors have voted to remove a school-house from one sub- 
district to another the board must execute such vote, if in accordance 

with law; from their action in so doing no appeal can be taken 43 

Removal of. The removal of an old house away from the geographical 
center and away from the center of population, without special and 
strong reasons therefor, is an abuse of the discretionary power of the 

board 95 

Power to build. There is no limitation in law as to the number of scholars 
to be accommodated, in order that the board may provide a school- 
house 132 

SCHOOL-HOUSE SITE— 

It is important that a school-house be located on a public I'oad, and as 

near the center of the subdistrict as practicable 39 

Location of. The action of a committee appointed by the board to locate 

a site is of no force until officially adopted by the board while in session. 58 

Subdistrict boundaries cannot be changed upon an appeal relating solely 

to the location of a site, nor can a site be located with the expectation 

that the boundaries will be changed, unless such is shown to be the 

intention of the board 58 

The prospective wants of a subdistrict may properly have weight in 
determining the selection of a site, when such selection becomes neces- 
sary, but not in securing the I'cmoval of a school-house conveniently 

located for the present 64 

To make a distinction between the children of freeholders and those of 
tenants in determining the proper location for a school-house, is con- 
trary to the spirit and intent of our laws 64 

The necessities of the present must be observed in locating school-house 

sites, in preference to the probabilities of the future 66 

Location of. The location of a school-house can be dependent upon a 
change of boundaries only when it is shown in evidence that it is the 

definite and positive intention to make such a change 68 

The choice of a school-house site by the electors has no binding effect. . . 70 
A school-house site fixed by county or state superintendent affirming the 
discretionary act of the board, allows the board to exercise their dis- 
cretion again, especially if material changes have occurred 75 

The endeavor to show regard for the expressed wishes of the electors in 
the choice of a site, will be an added reason in support of the action of 

the board 75 

Proper location of. Depends upon form of subdistrict 80 

When i)urchased by the board the provisions of sections 1835-1828 do 

not apply 86 

Location of. The condition of matters in the subdistrict should govern 
the location of the house. The attendance of parties from an adjoin- 
ing subdisti'ict should not determine the change of site 89 

It is manifestly unwise for the electors to express any preference for a 
site, by a vote. The remedy of any one aggrieved by the action of the 
board is appeal 93 



154 INDEX. 

PAGE 

SCHOOL-HOUSE SITE— Continued— 

The board are bound to take into account any special reasons existing 
which favor a particular location, and a vote of the electors to expend 
school-house funds in a certain specified manner, may not v^rith safety 
be disregarded 95 

A village in a subdistrict has special claims favoring the selection of a 
site within its limits. The element of distance to be traveled by some 
is largely overcome by the advantages of a location in the town 94 

When purchased, the provisions of section 182.'> do not apply. The dis- 
trict stands in the same relation to the public and to individuals, in 
this respect, as do other corporations, and may purchase and convey 

real estate accordingly 96 

Relocation of. When it is the evident intention of the board to relocate 
the site as near as possible in the center of the subdistrict, in order to 
furnish equal school facilities to all residents, their action should not 

be materially interfered with 105 

SCHOOL-HOUSE TAXES— 

All taxes voted by the district township meeting must be apportioned 
among the subdistricts. Any part of the tax voted by the subdistrict 
meeting which the district township neglects or refuses to grant, must 
be certified and levied upon the subdistrict. The board hare no 
option but to obey the requirements of the law 52 

Must be certified, collected, and expended, in accordance with the vote 
of the electors 90 

The board may not refuse to expend school-house funds for the purposes 

for which they were voted , 128 

SCHOOL ORDERS— 

When improperly issued by the board, the proper I'emedy is an injunc- 
tion from the civil courts 38 

SCHOOL PRIVILEGES— 

The law is to be construed in the interest of the child. The actual resi- 

■ dence of the scholar at the time will establish the right to attend school 

free of tuition 130 

SUBDIRECTOR— 

The subdirector may expend money in his subdistrict only in the man- 
ner authorized by the boai'd 40 

SUBDISTRICT— 

8ize of. It is better to have large subdistricts with good school-houses 
well furnished, than small subdistricts with undersized and poorly fur- 
nished school-houses 13 

Size of. There ai'e very many serious objections to the formation of small 
subdistricts 28 

Should be, if possible compact and regular in form. In well populated 
district townships, two miles square is considered a desirable area for 
each subdistrict 39 

A subdistrict is not a corporate body, and has no control of any public 
fund 40 

Other things being equal, both territory and school population should be 
about equally divided among the subdistricts of a district township. . . 54 
■ One subdistrict should not differ greatly fi'om the average subdistrict of 
the district township both in territory and school population 54 



INDEX. 155 

page: 

SUBDISTRICT— Continued— 

Form of. It is very important that subclistricts should be regular in form, 
and that where it is possible, school-houses should be located at or 

near geographical centers 89 

The board may not redistrict so as to abolish a subdistrict, with in- 
tent to prevent the building of a house provided for by the electors. . . 90' 

Form of. The board should be encouraged in forecasting a general plan 

looking toward an ultimate regularity in the form of subdistricts 132 

SUBDISTRICT BOUNDARIES— 

Change of. In changing subdistrict boundaries, both the present and the 
future welfare of the district should be considered 13' 

Change of The acts of a board changing subdistrict boundaries and lo- 
cating school-houses are so far discretionary that they should be 
affirmed on appeal, unless it is shown that there has been an abuse of 

discretion 22 

Subdistrict boundaries can be changed only by affirmative vote of a ma- 
jority of all the members of the board 47 

Change of. A case involving a change of subdisti'ict boundaries, having 
been adjudicated by the county superintendent reversing the action of 
the board, and being affirmed by the superintendent of public instruc- 
tion, cannot again be brought upon appeal, unless it can be shown that 
some change materially affecting the conditions of the case has taken 

place since the date of the former decision 103 

A subdistrict long established, embracing a territory having a sufficient 
number of scholars to maintain a good school, should not be abol- 
ished, unless the general school facilities of the township will be im- 
proved thereby i03- 

The boundaries of subdistricts may be changed or new subdistricts 
formed, only at the regular meeting of the board in September or at a 

special meeting held before the following March 124 

SUSPENSION OR EXPULSION— 

Suspension or expulsion of a scholar, in an independent district, requires 
the action of the board by a majority, and the concurrence of the presi- 
dent "^S; 

TEACHER— 

Bight of, to inflict x>unishment tipon their impils. A school-master who 
stands in loco parentis may, in proper cases, inflict moderate and rea- 
sonable chastisement. The law confides to teachers a discretionary 
power in the infliction of punishment upon their pupils, and will not hold 
them responsible criminally, unless the punishment be such as to occa- 
sion permanent injury to the child, or be inflicted merely to gratify 

their own evil passions 14; 

The teacher is responsible for the discipline of his school, and for the 
progress and deportment of his scholars. It is his imperative duty to 
maintain good oi'der and require of all a faithful performance of their 
duties. If he fails to do so he is unfit for his position. To enable him 
to discharge these duties eft'ectually, he must necessai'ily have the 
power to enforce prompt obedience to his requests. For this reason 
the law gives him the power, in proper cases, to inflict corporal pun- 
ishment upon refractory scholars 14 



1C6 INDEX. 

PAGE 

TEACHER— Continued— 

When a teacher is dismissed in violation of his contract, an action in the 
courts of law will afford him a speedy and adequate remedy; when 
discharged for incompetencj^ dereliction of duty, or other cause affect- 
ing his qualifications as a teacher, he has the right of appeal 63 

The teacher is entitled to the counsel and co-operation of the subdirector 
and board in all matters pertaining to the conduct and welfare of the 
school 63 

The law provides that a teacher shall have a fair and impartial trial, 
with sufficient notice to enable him to rebut the charges of his accusers. 84 
Trial of. In the trial of a teacher the board are bound carefully to protect 
the interests of the district and to seek the welfare of the school, as 
well as to regard the rights guaranteed to the teacher 123 

As an employe of the district the teacher may justly claim and expect to 
receive, the official assistance and advice of the board 135 

Section 1734 insures the teacher a fair and impartial trial, before he 

may be discharged 135 

TERRITORY- 

Transfer of. Where territory is to be transferred by concurrent action of 
two boards to the district to which it geographically belongs, a majority 
of the members elect is not necessary, as required for the change of 
subdistrict boundaries 78 

All territory must be included within some school district 80 

Transfer of. When a transfer is sought imder section 1797, no appeal will 
lie to control the discretion of the county superintendent and the board 
of the district from which the territory is taken 117 

All territory must be contiguous to the district to which it belongs 139 

TESTIMONY— 

Unless obviously immaterial, testimony offered should be admitted and 
given such weight as it merits 37 

At the hearing of an appeal before the county superintendent it is com- 
petent for him, upon his own motion, to call additional witnesses to 
give testimony 31 

The superintendent should afford full opportunity for the introduction 
of testimony, and the examination of witnesses should be so conducted 
as to disclose all material facts. What is shown by the plat need not 
also be presented orally 57 

Sufficient latitude should be allowed in the introduction of testimony to 
permit a full presentation of the issues involved, even if irrelevant 

testimony is occasionally admitted 63 

TUITION— 

Collection of tuition under section 1793 cannot be done by appeal to the 
county superintendent, but must be settled through the courts 77 

To enable the district in which the children reside to collect tuition, all 
the requirements of section 1793 must first be fulfilled 118 



